II 

112TH CONGRESS 

1ST SESSION H. R. 2715 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2011 

Received 

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. 

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


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1 SECTION 1. LIMITATION ON LEAD IN CHILDREN’S PROD2 UCTS. 

3 (a) 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 amended by adding at the end the 

7 following: 

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

9 paragraph (2) (except for the limit set forth in sub10 paragraphs (A) and (B)) shall apply only to a chil11 dren’s product (as defined in section 3(a) of the 

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

13 that is manufactured after the effective date of such 

14 respective limit.’’. 

15 (b) 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 

24 limit in subsection (a) for a specific product, 

25 class of product, material, or component part if 


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1 the Commission, after notice and a hearing, de2 termines that— 

3 ‘‘(i) the product, class of product, ma4 terial, or component part requires the in5 clusion of lead because it is not practicable 

6 or not technologically feasible to manufac7 ture such product, class of product, mate8 rial, or component part, as the case may 

9 be, in accordance with subsection (a) by 

10 removing the excessive lead or by making 

11 the lead inaccessible; 

12 ‘‘(ii) the product, class of product, 

13 material, or component part is not likely to 

14 be placed in the mouth or ingested, taking 

15 into account normal and reasonably fore16 seeable use and abuse of such product, 

17 class of product, material, or component 

18 part by a child; and 

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

20 class of product, material, or component 

21 part will have no measurable adverse effect 

22 on public health or safety, taking into ac23 count normal and reasonably foreseeable 

24 use and abuse. 


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1 ‘‘(B) MEASUREMENT.—For purposes of 

2 subparagraph (A)(iii), there is no measurable 

3 adverse effect on public health or safety if the 

4 exception described in subparagraph (A) will re5 sult in no measurable increase in blood lead lev6 els of a child. The Commission may adopt an 

7 alternative method of measurement other than 

8 blood lead levels if it determines, after notice 

9 and a hearing, that such alternative method is 

10 a better scientific method for measuring adverse 

11 effect on public health and safety. 

12 ‘‘(C) PROCEDURES FOR GRANTING EXCEP13 TION.— 

14 ‘‘(i) BURDEN OF PROOF.—A party 

15 seeking an exception under subparagraph 

16 (A) has the burden of demonstrating that 

17 it meets the requirements of such subpara18 graph. 

19 ‘‘(ii) GROUNDS FOR DECISION.—In 

20 the case where a party has petitioned for 

21 an exception, in determining whether to 

22 grant the exception, the Commission may 

23 base its decision solely on the materials 

24 presented by the party seeking the excepVerDate Mar 15 2010 01:55 Aug 02, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2715.RDS H2715

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1 tion and any materials received through 

2 notice and a hearing. 

3 ‘‘(iii) ADMISSIBLE EVIDENCE.—In 

4 demonstrating that it meets the require5 ments of subparagraph (A), a party seek6 ing an exception under such subparagraph 

7 may rely on any nonproprietary informa8 tion submitted by any other party seeking 

9 such an exception and such information 

10 shall be considered part of the record pre11 sented by the party that relies on that in12 formation. 

13 ‘‘(iv) SCOPE OF EXCEPTION.—If an 

14 exception is sought for an entire product, 

15 the burden is on the petitioning party to 

16 demonstrate that the criteria in subpara17 graph (A) are met with respect to every ac18 cessible component or accessible material 

19 of the product. 

20 ‘‘(D) LIMITATION ON EXCEPTION.—If the 

21 Commission grants an exception for a product, 

22 class of product, material, or component part 

23 under subparagraph (A), the Commission may, 

24 as necessary to protect public health or safe25 ty— 


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1 ‘‘(i) establish a lead limit that such 

2 product, class of product, material, or com3 ponent part may not exceed; or 

4 ‘‘(ii) place a manufacturing expiration 

5 date on such exception or establish a 

6 schedule after which the manufacturer of 

7 such product, class of product, material, or 

8 component part shall be in full compliance 

9 with the limit established under clause (i) 

10 or the limit set forth in subsection (a). 

11 ‘‘(E) APPLICATION OF EXCEPTION.—An 

12 exception under subparagraph (A) for a prod13 uct, class of product, material, or component 

14 part shall apply regardless of the date of manu15 facture unless the Commission expressly pro16 vides otherwise. 

17 ‘‘(F) PREVIOUSLY SUBMITTED PETI18 TIONS.—A party seeking an exception under 

19 this paragraph may rely on materials previously 

20 submitted in connection with a petition for ex21 clusion under this section. In such cases, peti22 tioners must notify the Commission of their in23 tent to rely on materials previously submitted. 

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1 ments of this paragraph as required by sub2 paragraph (C)(i).’’; 

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

4 to,’’ and inserting ‘‘include’’; and 

5 (3) by redesignating paragraph (5) as para6 graph (8) and inserting after paragraph (4) the fol7 lowing: 

8 ‘‘(5) EXCEPTION FOR OFF-HIGHWAY VEHI9 CLES.— 

10 ‘‘(A) IN GENERAL.—Subsection (a) shall 

11 not apply to an off-highway vehicle. 

12 ‘‘(B) OFF-HIGHWAY VEHICLE DEFINED.— 

13 For purposes of this section, the term ‘off-high14 way vehicle’— 

15 ‘‘(i) means any motorized vehicle— 

16 ‘‘(I) that is manufactured pri17 marily for use off public streets, 

18 roads, and highways; 

19 ‘‘(II) designed to travel on 2, 3, 

20 or 4 wheels; and 

21 ‘‘(III) that has either— 

22 ‘‘(aa) a seat designed to be 

23 straddled by the operator and 

24 handlebars for steering control; 

25 or 


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1 ‘‘(bb) a nonstraddle seat, 

2 steering wheel, seat belts, and 

3 roll-over protective structure; and 

4 ‘‘(ii) includes a snowmobile. 

5 ‘‘(6) BICYCLES AND RELATED PRODUCTS.—In 

6 lieu of the lead limits established in subsection 

7 (a)(2), the limits set forth for each respective mate8 rial in the notice of the Commission entitled ‘Notice 

9 of Stay of Enforcement Pertaining to Bicycles and 

10 Related Products’, published June 30, 2009 (74 

11 Fed. Reg. 31254), shall apply to any metal compo12 nent part of the products to which the stay of en13 forcement described in such notice applies, except 

14 that after December 31, 2011, the limits set forth 

15 in such notice shall not be more than 300 parts per 

16 million total lead content by weight for any metal 

17 component part of the products to which such stay 

18 pertains. 

19 ‘‘(7) EXCLUSION OF CERTAIN USED CHIL20 DREN’S PRODUCTS.— 

21 ‘‘(A) GENERAL EXCLUSION.—The lead 

22 limits established under subsection (a) shall not 

23 apply to a used children’s product. 

24 ‘‘(B) DEFINITION.—In this paragraph, the 

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1 dren’s product (as defined in section 3(a) of the 

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

3 2052(a)) that was obtained by the seller for use 

4 and not for the purpose of resale or was ob5 tained by the seller, either directly or indirectly, 

6 from a person who obtained such children’s 

7 product for use and not for the purpose of re8 sale. Such term also includes a children’s prod9 uct that was donated to the seller for charitable 

10 distribution or resale to support charitable pur11 poses. Such term shall not include— 

12 ‘‘(i) children’s metal jewelry; 

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; or 

17 ‘‘(iii) any other children’s product or 

18 product category that the Commission de19 termines, after notice and a hearing. 

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

21 includes a person who lends or donates a used 

22 children’s product.’’. 


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1 SEC. 2. APPLICATION OF THIRD PARTY TESTING REQUIRE2 MENTS. 

3 (a) IN GENERAL.—Section 14(d) of the Consumer 

4 Product Safety Act (15 U.S.C. 2063(d)) is amended— 

5 (1) in paragraph (2)(B)(ii), by striking ‘‘ran6 dom’’ and inserting ‘‘representative’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(3) REDUCING THIRD PARTY TESTING BUR9 DENS.— 

10 ‘‘(A) ASSESSMENT.—Not later than 60 

11 days after the date of enactment of this para12 graph, the Commission shall seek public com13 ment on opportunities to reduce the cost of 

14 third party testing requirements consistent with 

15 assuring compliance with any applicable con16 sumer product safety rule, ban, standard, or 

17 regulation. The request for public comment 

18 shall include the following: 

19 ‘‘(i) The extent to which the use of 

20 materials subject to regulations of another 

21 government agency that requires third 

22 party testing of those materials may pro23 vide sufficient assurance of conformity 

24 with an applicable consumer product safety 

25 rule, ban, standard, or regulation without 

26 further third party testing. 


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1 ‘‘(ii) The extent to which modification 

2 of the certification requirements may have 

3 the effect of reducing redundant third 

4 party testing by or on behalf of 2 or more 

5 importers of a product that is substantially 

6 similar or identical in all material respects. 

7 ‘‘(iii) The extent to which products 

8 with a substantial number of different 

9 components subject to third party testing 

10 may be evaluated to show compliance with 

11 an applicable rule, ban, standard, or regu12 lation by third party testing of a subset of 

13 such components selected by a third party 

14 conformity assessment body. 

15 ‘‘(iv) The extent to which manufactur16 ers with a substantial number of substan17 tially similar products subject to third 

18 party testing may reasonably make use of 

19 sampling procedures that reduce the over20 all test burden without compromising the 

21 benefits of third party testing. 

22 ‘‘(v) The extent to which evidence of 

23 conformity with other national or inter24 national governmental standards may pro25 vide assurance of conformity to consumer 


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1 product safety rules, bans, standards, or 

2 regulations applicable under this Act. 

3 ‘‘(vi) The extent to which technology, 

4 other than the technology already approved 

5 by the Commission, exists for third party 

6 conformity assessment bodies to test or to 

7 screen for testing consumer products sub8 ject to a third party testing requirement. 

9 ‘‘(vii) Other techniques for lowering 

10 the cost of third party testing consistent 

11 with assuring compliance with the applica12 ble consumer product safety rules, bans, 

13 standards, and regulations. 

14 ‘‘(B) REGULATIONS.—Following the public 

15 comment period described in subparagraph (A), 

16 but not later than 1 year after the date of en17 actment of this paragraph, the Commission 

18 shall review the public comments and may pre19 scribe new or revised third party testing regula20 tions if it determines that such regulations will 

21 reduce third party testing costs consistent with 

22 assuring compliance with the applicable con23 sumer product safety rules, bans, standards, 

24 and regulations. 


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1 ‘‘(C) REPORT.—If the Commission deter2 mines that it lacks authority to implement an 

3 opportunity for reducing the costs of third4 party testing consistent with assuring compli5 ance with the applicable consumer product safe6 ty rules, bans, standards, and regulations, it 

7 shall transmit a report to Congress reviewing 

8 those opportunities, along with any rec9 ommendations for any legislation to permit 

10 such implementation. 

11 ‘‘(4) SPECIAL RULES FOR SMALL BATCH MANU12 FACTURERS.— 

13 ‘‘(A) SPECIAL CONSIDERATION; EXEMP14 TION.— 

15 ‘‘(i) CONSIDERATION; ALTERNATIVE

16 REQUIREMENTS.—Subject to subparagraph 

17 (C), in implementing third party testing 

18 requirements under this section, the Com19 mission shall take into consideration any 

20 economic, administrative, or other limits 

21 on the ability of small batch manufacturers 

22 to comply with such requirements and 

23 shall, after notice and a hearing, provide 

24 alternative testing requirements for cov25 ered products manufactured by small batch 


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1 manufacturers in lieu of those required 

2 under subsection (a) or (b). Any such al3 ternative requirements shall provide for 

4 reasonable methods to assure compliance 

5 with any applicable consumer product safe6 ty rule, ban, standard, or regulation. The 

7 Commission may allow such alternative 

8 testing requirements for small batch manu9 facturers with respect to a specific product 

10 or product class or with respect to a spe11 cific safety rule, ban, standard, or regula12 tion, or portion thereof. 

13 ‘‘(ii) EXEMPTION.—If the Commission 

14 determines that no alternative testing re15 quirement is available or economically 

16 practicable, it shall exempt small batch 

17 manufacturers from third party testing re18 quirements under subsections (a) and (b). 

19 ‘‘(iii) CERTIFICATION.—In lieu of or 

20 as part of any alternative testing require21 ments provided under clause (i), the Com22 mission may allow certification of a prod23 uct to an applicable consumer product 

24 safety rule, ban, standard, or regulation, or 

25 portion thereof, based on documentation 


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1 that the product complies with another na2 tional or international governmental stand3 ard or safety requirement that the Com4 mission determines is the same or more 

5 stringent than the consumer product safety 

6 rule, ban, standard, or regulation, or por7 tion thereof. Any such certification shall 

8 only be allowed to the extent of the equiva9 lency with a consumer product safety rule, 

10 ban, standard, or regulation and not to 

11 any other part of the consumer product 

12 safety rule, ban, standard, or regulation. 

13 ‘‘(iv) RESTRICTION.—Except as pro14 vided in subparagraph (C), and except 

15 where the Commission determines that the 

16 manufacturer does not meet the definition 

17 of a small batch manufacturer, for any 

18 small batch manufacturer registered pursu19 ant to subparagraph (B), the Commission 

20 may not require third party testing of a 

21 covered product by a third party con22 formity assessment body until the Commis23 sion has provided either an alternative 

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1 cordance with clause (i) or (ii), respec2 tively. 

3 ‘‘(B) REGISTRATION.—Any small batch 

4 manufacturer that utilizes alternative require5 ments or an exemption under this paragraph 

6 shall register with the Commission prior to 

7 using such alternative requirements or exemp8 tions pursuant to any guidelines issued by the 

9 Commission to carry out this requirement. 

10 ‘‘(C) LIMITATION.—The Commission shall 

11 not provide or permit to continue in effect any 

12 alternative requirements or exemption from 

13 third party testing requirements under this 

14 paragraph where it determines, based on notice 

15 and a hearing, that full compliance with sub16 section (a) or (b) is reasonably necessary to 

17 protect public health or safety. The Commission 

18 shall not provide any alternative requirements 

19 or exemption for— 

20 ‘‘(i) any of the third party testing re21 quirements described in clauses (i) through 

22 (v) of subsection (a)(3)(B); or 

23 ‘‘(ii) durable infant or toddler prod24 ucts, as defined in section 104(f) of the 


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1 Consumer Product Safety Improvement 

2 Act of 2008 (15 U.S.C. 2056a(f)). 

3 ‘‘(D) SUBSEQUENT MANUFACTURER.— 

4 Nothing in this paragraph shall be construed to 

5 affect third party testing or any other require6 ments with respect to a subsequent manufac7 turer or other entity that uses components pro8 vided by one or more small batch manufactur9 ers. 

10 ‘‘(E) DEFINITIONS.—For purposes of this 

11 paragraph— 

12 ‘‘(i) the term ‘covered product’ means 

13 a consumer product manufactured by a 

14 small batch manufacturer where no more 

15 than 7,500 units of the same product were 

16 manufactured in the previous calendar 

17 year; and 

18 ‘‘(ii) the term ‘small batch manufac19 turer’ means a manufacturer that had no 

20 more than $1,000,000 in total gross rev21 enue from sales of all consumer products 

22 in the previous calendar year. The dollar 

23 amount contained in this paragraph shall 

24 be adjusted annually by the percentage in25 crease in the Consumer Price Index for all 


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1 urban consumers published by the Depart2 ment of Labor. 

3 For purposes of determining the total gross rev4 enue for all sales of all consumer products of a 

5 manufacturer under this subparagraph, such 

6 total gross revenue shall be considered to in7 clude all gross revenue from all sales of all con8 sumer products of each entity that controls, is 

9 controlled by, or is under common control with 

10 such manufacturer. The Commission shall take 

11 steps to ensure that all relevant business affili12 ations are considered in determining whether or 

13 not a manufacturer meets this definition. 

14 ‘‘(5) EXCLUSION FROM THIRD PARTY TEST15 ING.— 

16 ‘‘(A) CERTAIN PRINTED MATERIALS.— 

17 ‘‘(i) IN GENERAL.—The third party 

18 testing requirements established under 

19 subsection (a) shall not apply to ordinary 

20 books or ordinary paper-based printed ma21 terials. 

22 ‘‘(ii) DEFINITIONS.— 

23 ‘‘(I) ORDINARY BOOK.—The term 

24 ‘ordinary book’ means a book printed 

25 on paper or cardboard, printed with 


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1 inks or toners, and bound and fin2 ished using a conventional method, 

3 and that is intended to be read or has 

4 educational value. Such term does not 

5 include books with inherent play 

6 value, books designed or intended for 

7 a child 3 years of age or younger, and 

8 does not include any toy or other arti9 cle that is not a book that is sold or 

10 packaged with an ordinary book. 

11 ‘‘(II) ORDINARY PAPER-BASED

12 PRINTED MATERIALS.—The term ‘or13 dinary paper-based printed materials’ 

14 means materials printed on paper or 

15 cardboard, such as magazines, post16 ers, greeting cards, and similar prod17 ucts, that are printed with inks or 

18 toners and bound and finished using a 

19 conventional method. 

20 ‘‘(III) EXCLUSIONS.—Such terms 

21 do not include books or printed mate22 rials that contain components that are 

23 printed on material other than paper 

24 or cardboard or contain nonpaper25 based components such as metal or 


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1 plastic parts or accessories that are 

2 not part of the binding and finishing 

3 materials used in a conventional 

4 method. 

5 ‘‘(B) METAL COMPONENT PARTS OF BICY6 CLES.—The third party testing requirements 

7 established under subsection (a) shall not apply 

8 to metal component parts of bicycles with re9 spect to compliance with the lead content limits 

10 in place pursuant to section 101(b)(6) of the 

11 Consumer Product Safety Improvement Act of 

12 2008.’’. 

13 (b) PROHIBITED ACT.—Section 19(a)(14) of the 

14 Consumer Product Safety Act (15 U.S.C. 2068(a)(14)) is 

15 amended by striking the period and inserting ‘‘, or to sub16 divide the production of any children’s product into small 

17 quantities that have the effect of evading any third party 

18 testing requirements under section 14(a)(2);’’. 

19 SEC. 3. APPLICATION OF AND PROCESS FOR UPDATING DU20 RABLE NURSERY PRODUCTS STANDARDS. 

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

22 Consumer Product Safety Improvement Act of 2008 (15 

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

24 following: 


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1 ‘‘(4) PROCESS FOR CONSIDERING SUBSEQUENT

2 REVISIONS TO VOLUNTARY STANDARD.— 

3 ‘‘(A) NOTICE OF ADOPTION OF VOL4 UNTARY STANDARD.—When the Commission 

5 promulgates a consumer product safety stand6 ard under this subsection that is based, in 

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

8 Commission shall notify the organization that 

9 issued the voluntary standard of the Commis10 sion’s action and shall provide a copy of the 

11 consumer product safety standard to the orga12 nization. 

13 ‘‘(B) COMMISSION ACTION ON REVISED

14 VOLUNTARY STANDARD.—If an organization re15 vises a standard that has been adopted, in 

16 whole or in part, as a consumer product safety 

17 standard under this subsection, it shall notify 

18 the Commission. The revised voluntary stand19 ard shall be considered to be a consumer prod20 uct safety standard issued by the Commission 

21 under section 9 of the Consumer Product Safe22 ty Act (15 U.S.C. 2058), effective 180 days 

23 after the date on which the organization notifies 

24 the Commission (or such later date specified by 

25 the Commission in the Federal Register) unless, 


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1 within 90 days after receiving that notice, the 

2 Commission notifies the organization that it has 

3 determined that the proposed revision does not 

4 improve the safety of the consumer product cov5 ered by the standard and that the Commission 

6 is retaining the existing consumer product safe7 ty standard.’’. 

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

9 the Consumer Product Safety Improvement Act of 2008 

10 (15 U.S.C. 2056a(c)) is amended by redesignating para11 graph (3) as paragraph (4) and inserting after paragraph 

12 (2) the following: 

13 ‘‘(3) APPLICATION OF ANY REVISION.—With re14 spect to any revision of the standard promulgated 

15 under subsection (b)(1)(B) subsequent to the initial 

16 promulgation of a standard under such subsection, 

17 paragraph (1) shall apply only to a person that man18 ufactures or imports cribs, unless the Commission 

19 determines that application to any other person de20 scribed in paragraph (2) is necessary to protect 

21 against an unreasonable risk to health or safety. If 

22 the Commission determines that application to a 

23 person described in paragraph (2) is necessary, it 

24 shall provide not less than 12 months for such per25 son to come into compliance.’’. 


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1 SEC. 4. APPLICATION OF SECTION 106 TO FDA-REGULATED 

2 PRODUCTS. 

3 Section 106(a) of the Consumer Product Safety Im4 provement Act of 2008 (15 U.S.C. 2056b(a)) is amended 

5 by inserting ‘‘or any provision that restates or incor6 porates a regulation promulgated by the Food and Drug 

7 Administration or any statute administered by the Food 

8 and Drug Administration’’ after ‘‘or by statute’’. 

9 SEC. 5. APPLICATION OF PHTHALATES LIMIT. 

10 (a) ACCESSIBLE, PLASTICIZED COMPONENT

11 PARTS.—Section 108 of the Consumer Product Safety Im12 provement Act of 2008 (15 U.S.C. 2057c) is amended— 

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

14 as subsections (e) through (g), respectively; and 

15 (2) by inserting after subsection (b) the fol16 lowing: 

17 ‘‘(c) APPLICATION.—Effective on the date of enact18 ment of this Act, subsections (a) and (b)(1) and any rule 

19 promulgated under subsection (b)(3) shall apply to any 

20 plasticized component part of a children’s toy or child care 

21 article or any other component part of a children’s toy 

22 or child care article that is made of other materials that 

23 may contain phthalates. 

24 ‘‘(d) EXCLUSION FOR INACCESSIBLE COMPONENT

25 PARTS.— 


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1 ‘‘(1) IN GENERAL.—The prohibitions estab2 lished under subsections (a) and (b) shall not apply 

3 to any component part of a children’s toy or child 

4 care article that is not accessible to a child through 

5 normal and reasonably foreseeable use and abuse of 

6 such product, as determined by the Commission. A 

7 component part is not accessible under this para8 graph if such component part is not physically ex9 posed by reason of a sealed covering or casing and 

10 does not become physically exposed through reason11 ably foreseeable use and abuse of the product. Rea12 sonably foreseeable use and abuse shall include swal13 lowing, mouthing, breaking, or other children’s ac14 tivities, and the aging of the product. 

15 ‘‘(2) LIMITATION.—The Commission may re16 voke an exclusion or all exclusions granted under 

17 paragraph (1) at any time and require that any or 

18 all component parts manufactured after such exclu19 sion is revoked comply with the prohibitions estab20 lished under subsections (a) and (b) if the Commis21 sion finds, based on scientific evidence, that such 

22 compliance is necessary to protect the public health 

23 or safety. 


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1 ‘‘(3) INACCESSIBILITY PROCEEDING.—Within 1 

2 year after the date of enactment of this subsection, 

3 the Commission shall— 

4 ‘‘(A) promulgate a rule providing guidance 

5 with respect to what product components, or 

6 classes of components, will be considered to be 

7 inaccessible for purposes of paragraph (1); or 

8 ‘‘(B) adopt the same guidance with respect 

9 to inaccessibility that was adopted by the Com10 mission with regards to accessibility of lead 

11 under section 101(b)(2)(B), with additional 

12 consideration, as appropriate, of whether such 

13 component can be placed in a child’s mouth. 

14 ‘‘(4) APPLICATION PENDING COMMISSION GUID15 ANCE.—Until the Commission promulgates a rule 

16 pursuant to paragraph (3), the determination of 

17 whether a product component is inaccessible to a 

18 child shall be made in accordance with the require19 ments laid out in paragraph (1) for considering a 

20 component to be inaccessible to a child.’’. 

21 SEC. 6. AUTHORITY TO MODIFY TRACKING LABELS RE22 QUIREMENT. 

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

24 (15 U.S.C. 2063(a)(5)) is amended— 


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

2 ‘‘(A) Effective 1 year’’; 

3 (2) by redesignating subparagraphs (A) and 

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

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

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

7 specific product or class of products from the require8 ments in subparagraph (A) if the Commission determines 

9 that it is not practicable for such product or class of prod10 ucts to bear the marks required by such subparagraph. 

11 The Commission may establish alternative requirements 

12 for any product or class of products excluded under the 

13 preceding sentence consistent with the purposes described 

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

15 SEC. 7. IMPROVED PRODUCT IDENTIFICATION FOR PUBLIC 

16 DATABASE. 

17 Section 6A(c) of the Consumer Product Safety Act 

18 (15 U.S.C. 2055a(c)) is amended— 

19 (1) in paragraph (3)(A), by inserting ‘‘or para20 graph (5)’’ after ‘‘paragraph (4)(A)’’; 

21 (2) in paragraph (4)(A), by striking ‘‘deter22 mines that the information in such report or com23 ment is materially inaccurate, the Commission 

24 shall—’’ and inserting ‘‘receives notice that the in25 formation in such report or comment is materially 


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1 inaccurate, the Commission shall stay the publica2 tion of the report on the database as required under 

3 paragraph (3) for a period of no more than 5 addi4 tional days. If the Commission determines that the 

5 information in such report or comment is materially 

6 inaccurate, the Commission shall—’’; and 

7 (3) by adding at the end the following new 

8 paragraph: 

9 ‘‘(5) OBTAINING CERTAIN PRODUCT IDENTI10 FICATION INFORMATION.— 

11 ‘‘(A) IN GENERAL.—If the Commission re12 ceives a report described in subsection (b)(1)(A) 

13 that does not include the model or serial num14 ber of the consumer product concerned, the 

15 Commission shall seek from the individual or 

16 entity submitting the report such model or se17 rial number or, if such model or serial number 

18 is not available, a photograph of the product. If 

19 the Commission obtains information relating to 

20 the serial or model number of the product or a 

21 photograph of the product, it shall immediately 

22 forward such information to the manufacturer 

23 of the product. The Commission shall make the 

24 report available in the database on the 15th 

25 business day after the date on which the ComVerDate Mar 15 2010 01:55 Aug 02, 2011 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2715.RDS H2715

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1 mission transmits the report under paragraph 

2 (1) and shall include in the database any addi3 tional information about the product obtained 

4 under this paragraph. 

5 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 

6 in this paragraph shall be construed to— 

7 ‘‘(i) permit the Commission to delay 

8 transmission of the report under para9 graph (1) until the Commission has ob10 tained the model or serial number or a 

11 photograph of the consumer product con12 cerned; or 

13 ‘‘(ii) make inclusion in the database of 

14 a report described in subsection (b)(1)(A) 

15 contingent on the availability of the model 

16 or serial number or a photograph of the 

17 consumer product concerned.’’. 

18 SEC. 8. SUBPOENA AUTHORITY. 

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

20 (15 U.S.C. 2076(b)) is amended— 

21 (1) in paragraph (3), by inserting ‘‘and phys22 ical’’ after ‘‘documentary’’; 

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


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1 (3) by redesignating paragraph (9) as para2 graph (10) and inserting after paragraph (8) the fol3 lowing: 

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

5 Commission the authority to issue subpoenas solely 

6 to Federal, State, or local government agencies for 

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

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

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

10 after ‘‘paragraph (3)’’. 

11 SEC. 9. DEADLINE FOR RULE BY CONSUMER PRODUCT 

12 SAFETY COMMISSION ON STANDARDS FOR 

13 ALL TERRAIN VEHICLES. 

14 The Commission shall issue the final rule described 

15 in section 42(d) of the Consumer Product Safety Act (15 

16 U.S.C. 2089(d)) not later than 1 year after the date of 

17 enactment of this Act. 

18 SEC. 10. TECHNICAL AMENDMENTS. 

19 (a) CPSA.—Section 14 of the Consumer Product 

20 Safety Act (15 U.S.C. 2063) is further amended by redes21 ignating the second subsection (d) as subsection (i). 

22 (b) CPSIA.—Section 101(a)(1) of the Consumer 

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

24 1278a(a)(1)) is amended by striking ‘‘(as defined in sec25 tion 3(a)(16) of the Consumer Product Safety Act (15 


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1 U.S.C. 2052(a)(16)))’’ and inserting ‘‘(as defined in sec2 tion 3(a) of the Consumer Product Safety Act (15 U.S.C. 

3 2052(a)))’’. 

4 SEC. 11. EFFECTIVE DATE. 

5 Except as provided otherwise, the amendments made 

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

7 this Act. 

Passed the House of Representatives August 1, 

2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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