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 con-
sumer product safety laws, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Enhancing CPSC Au-
thority and Discretion Act of 2011’’. 
SEC. 2. DEFINITION OF CHILDREN’S PRODUCT. 
(a) DEFINITION.—Section 3(a)(2) of the Consumer 
Product Safety Act (15 U.S.C. 2052(a)(2)) is amended 
in the matter preceding subparagraph (A)— 
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(1) by striking ‘‘intended primarily for chil-
dren’’ and inserting ‘‘primarily intended for use by 
children’’; and 
(2) by striking ‘‘intended for a child’’ and in-
serting ‘‘intended for use by a child’’. 
(b) TECHNICAL AMENDMENT.—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 de-
fined 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. 3. CHILDREN’S PRODUCTS CONTAINING LEAD. 
(a) IN GENERAL.—Section 101(a)(2) of the Con-
sumer Product Safety Improvement Act of 2008 (15 
U.S.C. 1278a(a)(2)) is amended— 
(1) in subparagraph (A), by striking ‘‘600 parts 
per million’’ both places it appears and inserting 
‘‘0.06 percent’’; 
(2) by striking subparagraphs (B) and (C) and 
inserting the following: 
‘‘(B) 0.03 PERCENT BY WEIGHT.—Except 
as provided in subparagraphs (C), (D), (F) and 
(G), beginning August 14, 2009, the lead limit 
referred to in paragraph (1) is 0.03 percent 
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total lead content by weight for any part of a 
children’s product. 
‘‘(C) 0.01 PERCENT BY WEIGHT.—Except 
as provided in subparagraphs (D) and (G), be-
ginning on the date that is 4 years after the 
date of enactment of this Act, the lead limit re-
ferred to in paragraph (1) is 0.01 percent total 
lead content by weight for any part of a chil-
dren’s product that— 
‘‘(i) is designed or intended primarily 
for use by a child 6 years of age or young-
er; and 
‘‘(ii) can be placed in a child’s 
mouth.’’; 
(3) in subparagraph (D)— 
(A) by striking ‘‘100 parts per million’’ 
and inserting ‘‘0.01 percent’’; 
(B) by inserting ‘‘described in such sub-
paragraph’’ after ‘‘product category’’; 
(C) by striking ‘‘300 parts per million’’ 
both places it appears and inserting ‘‘0.03 per-
cent’’; and 
(D) by striking ‘‘3 years’’ and inserting ‘‘4 
years’’; 
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(4) by redesignating subparagraph (E) as sub-
paragraph (G) and inserting after subparagraph (D) 
the following: 
‘‘(E) DETERMINATION GUIDELINES.—For 
purposes of subparagraphs (C)(ii) and (D) and 
subsection (b)(1)(A)(ii), a children’s product 
can be placed in a child’s mouth if any part of 
the children’s product can actually be brought 
to the mouth and kept in the mouth by a child 
so that it can be sucked and chewed. If the chil-
dren’s product can only be licked, it is not re-
garded as able to be placed in the mouth. If a 
toy or part of a toy in one dimension is smaller 
than 5 centimeters, it can be placed in the 
mouth. 
‘‘(F) APPLICATION OF MORE STRINGENT 
LIMIT TO OTHER CHILDREN’S PRODUCTS.—The 
Commission may, by regulation, apply the limit 
set forth in subparagraph (C) or (D) to any 
children’s product or class of products if it de-
termines after a hearing that the lead content 
in such product or class of products, as limited 
by subparagraph (B), presents an unreasonable 
risk to children’s health.’’; and 
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(5) in subparagraph (G) (as so redesignated), 
by striking ‘‘or (D)’’ and inserting ‘‘(D), or (F)’’. 
(b) PROSPECTIVE APPLICATION OF LEAD LIMIT FOR 
CHILDREN’S PRODUCTS.—Section 101(a) of the Con-
sumer Product Safety Improvement Act of 2008 (15 
U.S.C. 1278a(a)) is further amended by adding at the end 
the following: 
‘‘(3) APPLICATION.—Each limit set forth in 
paragraph (2) (except for the limit set forth in sub-
paragraph (A)) shall apply only to a children’s prod-
uct (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 respec-
tive limit.’’. 
(c) ALTERNATIVE LIMITS AND EXCEPTIONS.—Sec-
tion 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 inter-
ested party, shall grant an exception to the pro-
hibition in subsection (a) for a specific product, 
material, or component part if the Commission, 
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after notice and comment in accordance with 
subparagraph (B), determines that— 
‘‘(i) the product, material, or compo-
nent part requires the inclusion of lead be-
cause it is not practicable or not techno-
logically feasible to manufacture such 
product, material, or component part, as 
the case may be, in accordance with sub-
section (a) by removing the excessive lead 
or by making the lead inaccessible; 
‘‘(ii) the product, material, or compo-
nent 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, material, or compo-
nent part by a child; and 
‘‘(iii) an exception for the 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. 
For purposes of clause (iii), there is no measur-
able adverse effect on public health or safety if 
the exception described in this subparagraph 
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will result in no measurable increase in blood 
lead levels. 
‘‘(B) PROCEDURES FOR GRANTING EXCEP-
TION.— 
‘‘(i) NOTICE
AND
COMMENT
PE-
RIOD.—Before granting an exception under 
subparagraph (A), the Commission shall 
allow not fewer than 60 days for public 
comment after publishing the notice of the 
proposed exception. 
‘‘(ii) BURDEN
OF
PROOF.—A party 
seeking an exception under subparagraph 
(A) has the burden of demonstrating that 
it meets the requirements of such subpara-
graph. 
‘‘(iii) 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 excep-
tion and any materials received through 
notice and comment. 
‘‘(iv) 
ADMISSIBLE
EVIDENCE.—In 
demonstrating that it meets the require-
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ments of subparagraph (A), a party seek-
ing an exception under such subparagraph 
may rely on any nonproprietary informa-
tion submitted by any other party seeking 
such an exception and such information 
shall be considered part of the record pre-
sented by the party that relies on that in-
formation. 
‘‘(v) SCOPE OF EXCEPTION.—If an ex-
ception is sought for an entire product, the 
burden is on the petitioning party to dem-
onstrate that the criteria in subparagraph 
(A) are met with respect to every acces-
sible component or accessible material of 
the product. 
‘‘(C) LIMITATION ON EXCEPTION.—If the 
Commission grants an exception for a product, 
material, or component part under subpara-
graph (A), the Commission may, as necessary 
to protect public health or safety— 
‘‘(i) require each manufacturer of 
such product, material, or component part 
to reduce the level of lead in such product, 
material, or component part; or 
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‘‘(ii) place a manufacturing expiration 
date on such exception or establish a 
schedule after which the manufacturer of 
such product, material, or component part 
shall be in full compliance with the limits 
in subsection (a). 
‘‘(D) APPLICATION
OF
EXCEPTION.—An 
exception under subparagraph (A) for a prod-
uct, material, or component part shall apply re-
gardless of the date of manufacture unless the 
Commission expressly provides otherwise. 
‘‘(E) 
PREVIOUSLY
SUBMITTED
PETI-
TIONS.—A party seeking an exception under 
this paragraph may rely on materials previously 
submitted in connection with a petition for ex-
clusion under this section. In such cases, peti-
tioners must notify the Commission of their in-
tent to rely on materials previously submitted. 
Such reliance does not affect petitioners’ obliga-
tion to demonstrate that they meet all require-
ments of this paragraph as required by sub-
paragraph (B)(ii).’’; 
(2) in paragraph (2)(A), by striking ‘‘include 
to,’’ and inserting ‘‘include’’; 
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(3) by redesignating paragraph (5) as para-
graph (7) and inserting after paragraph (4) the fol-
lowing: 
‘‘(5) CERTAIN OUTDOOR RECREATIONAL PROD-
UCTS.— 
‘‘(A) METAL COMPONENT PARTS.—In lieu 
of the lead limits established in subsection 
(a)(2), the limits set forth for each respective 
material in section 1500.88 of title 16, Code of 
Federal Regulations (as in effect on January 
20, 2010) shall apply to metal component parts 
made of such materials in children’s products, 
other than apparel, intended primarily for out-
door recreational use, regardless of the date on 
which such products were manufactured. 
‘‘(B) BATTERY
TERMINALS.—The lead 
limits established in subsection (a)(2) shall not 
apply to battery terminals in children’s prod-
ucts intended primarily for outdoor recreational 
use. 
‘‘(6) EXCLUSION
OF
CERTAIN
USED
CHIL-
DREN’S PRODUCTS.— 
‘‘(A) GENERAL
EXCLUSION.—The lead 
limits established under subsection (a) shall not 
apply to a used children’s product. 
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‘‘(B) DEFINITION.—The term ‘used chil-
dren’s product’ means a children’s product 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 per-
son 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; or 
‘‘(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. 
For purposes of this definition, the term ‘seller’ 
includes a person who lends or donates a used 
children’s product.’’; and 
(4) in paragraph (7) (as so redesignated)— 
(A) by inserting ‘‘the alternative limits set 
forth in this subsection and’’ after ‘‘review and 
revise’’; and 
(B) by striking ‘‘the first promulgation of 
a of a regulation under this subsection’’ and in-
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serting ‘‘the date of enactment of the Enhanc-
ing CPSC Authority and Discretion Act of 
2011,’’. 
SEC. 4. APPLICATION OF THIRD-PARTY TESTING REQUIRE-
MENTS. 
(a) APPLICABLE CHILDREN’S PRODUCTS.—Section 
14(a) of the Consumer Product Safety Act (15 U.S.C. 
2063(a)) is amended— 
(1) in paragraph (2)— 
(A) in the matter preceding subparagraph 
(A), by inserting ‘‘described in paragraph 
(3)(B)’’ after ‘‘a children’s product safety rule’’; 
(B) in subparagraph (B), by striking ‘‘the 
children’s product safety rule’’ and inserting 
‘‘such children’s product safety rule’’; and 
(C) by striking the flush sentence following 
subparagraph (B); and 
(2) in paragraph (3)— 
(A) in subparagraph (A), by inserting ‘‘de-
scribed in subparagraph (B)’’ after ‘‘a chil-
dren’s product safety rule’’; and 
(B) by amending subparagraph (B)(vi) to 
read as follows: 
‘‘(vi) 
OTHER
DURABLE
NURSERY 
PRODUCTS.—The Commission shall publish 
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notice of the requirements for accreditation 
of third-party conformity assessment bod-
ies to assess conformity with other rules 
promulgated under section 104 of the Con-
sumer Product Safety Improvement Act of 
2008 not later than 90 days before such 
rules or revisions take effect.’’. 
(b) THIRD-PARTY TESTING REQUIREMENTS.— 
(1) REQUIREMENTS.—Section 14(b) of the 
Consumer Product Safety Act (15 U.S.C. 2063(b)) 
is amended to read as follows: 
‘‘(b) TESTING PROGRAMS.— 
‘‘(1) IN GENERAL.—The Commission may, by 
rule, prescribe reasonable testing programs to be 
used as the basis for certification under subsection 
(a). 
‘‘(2) TESTING
BY
AN
INDEPENDENT
THIRD 
PARTY.—Any test or testing program on the basis of 
which a certificate is issued under subsection (a) 
may, at the option of the person required to certify 
the product, be conducted by an independent third 
party qualified to perform such tests, unless the 
Commission, by rule and in accordance with para-
graph (3), requires testing by an independent third 
party for— 
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‘‘(A) a particular rule, regulation, stand-
ard, ban; 
‘‘(B) any portion of a particular rule, regu-
lation, standard, or ban; or 
‘‘(C) a particular class of products. 
‘‘(3) REQUIREMENTS
FOR
TESTING
BY
AN 
INDEPENDENT THIRD PARTY.— 
‘‘(A) REQUIREMENTS.—The Commission 
may not require testing by an independent third 
party under paragraph (2) until the Commis-
sion has— 
‘‘(i) established and published notice 
of the requirements for accreditation of 
third-party conformity assessment bodies 
who are determined to be qualified by the 
Commission to conduct such testing; 
‘‘(ii) determined that the testing ca-
pacity of accredited third-party conformity 
assessment bodies, taken together as a 
whole, is sufficient or is likely to be suffi-
cient in a reasonable period of time to pre-
vent unreasonable delays due to testing; 
‘‘(iii) established, by rule, exemptions 
or alternative testing procedures for the 
certification of works of art and other one- 
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of-a-kind products and of specialty prod-
ucts for the disabled, and products that 
are produced in small quantities such that 
the cost of testing by an independent third 
party is not economically practicable; and 
‘‘(iv) made a reasoned determina-
tion— 
‘‘(I) that the benefits from re-
quiring third-party testing justify the 
costs; and 
‘‘(II) that any rule issued pursu-
ant to this paragraph is tailored to 
impose the least possible burden, tak-
ing into account to the extent prac-
ticable, the costs of cumulative regula-
tions. 
‘‘(B) PRODUCED
IN
SMALL
QUANTITIES 
DEFINED.—For 
purposes 
of 
subparagraph 
(A)(iii), the term ‘produced in small quantities’ 
means that not more than 10,000 units of the 
same product (or substantially similar products) 
are produced in one year by a manufacturer 
and any affiliated manufacturer. A manufac-
turer may not subdivide the production of such 
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manufacturer into small quantities in order to 
evade third-party testing requirements. 
‘‘(4) STAY OF ENFORCEMENT AND REVIEW OF 
REQUIREMENTS.— 
‘‘(A) STAY OF ENFORCEMENT.—The Com-
mission may not enforce any third-party testing 
requirement relating to lead content limits 
(other than for children’s metal jewelry), 
phthalate limits, or the mandatory toy standard 
until the Commission has complied with the re-
quirements of paragraph (3) with respect to 
such requirement. 
‘‘(B) 
REVIEW.—The 
Commission 
may 
modify any other third-party testing require-
ment it has adopted, based on a review of such 
requirements in accordance with paragraph (3), 
to provide additional flexibility or to eliminate 
unnecessary burdens.’’. 
(2) PROHIBITED
ACT.—Section 19(a)(14) of 
the Consumer Product Safety Act (15 U.S.C. 
2068(a)(14)) is amended by inserting before the pe-
riod the following: ‘‘, or to subdivide the production 
of any children’s product into small quantities in 
order to evade any third-party testing requirements 
under section 14(a)(2)’’. 
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(c) CONTINUING TESTING.—Section 14(d)(2) of the 
Consumer Product Safety Act (15 U.S.C. 2063(d)(2)) is 
amended— 
(1) by striking ‘‘Not later than 15 months after 
the date of enactment of the Consumer Product 
Safety Improvement Act of 2008, the’’ and inserting 
‘‘(A) The’’; 
(2) by redesignating clauses (i) through (iv) of 
subparagraph (B) as subclauses (I) through (IV), 
respectively, and by redesignating subparagraphs 
(A) and (B) as clauses (i) and (ii), respectively; 
(3) in the matter preceding clause (i) (as so re-
designated), by striking ‘‘shall’’; 
(4) in clause (i) (as so redesignated), by strik-
ing ‘‘initiate’’ and inserting ‘‘not later than 15 
months after the date of enactment of the Consumer 
Product Safety Improvement Act of 2008, shall ini-
tiate’’; and 
(5) in clause (ii) (as so redesignated), by strik-
ing ‘‘establish’’ and inserting ‘‘may establish’’; and 
(6) by inserting at the end the following: 
‘‘(B) The Commission may not enforce any 
third-party testing requirement pursuant to this 
paragraph without first having determined that such 
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requirement is consistent with the requirements of 
subsection (b)(3)(A)(iv).’’. 
SEC. 5. APPLICATION OF AND PROCESS FOR UPDATING DU-
RABLE 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
VOL-
UNTARY
STANDARD.—When the Commission 
promulgates a consumer product safety stand-
ard 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 Commis-
sion’s action and shall provide a copy of the 
consumer product safety standard to the orga-
nization. 
‘‘(B) COMMISSION
ACTION
ON
REVISED 
VOLUNTARY STANDARD.—If an organization re-
vises a standard that has been adopted, in 
whole or in part, as a consumer product safety 
standard under subparagraph (A), it shall no-
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tify the Commission. The revised voluntary 
standard shall be considered to be a consumer 
product safety standard issued by the Commis-
sion 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 cov-
ered by the standard and that the Commission 
is retaining the existing consumer product safe-
ty standard.’’. 
(b) APPLICATION OF STANDARD.—Section 104(c) of 
the Consumer Product Safety Improvement Act of 2008 
(15 U.S.C. 2056a) is amended by redesignating paragraph 
(3) as paragraph (4) and inserting after paragraph (2) 
the following: 
‘‘(3) APPLICATION.— 
‘‘(A) IN
GENERAL.—Paragraph (1) shall 
not apply to any revision of the standard pro-
mulgated under subsection (b)(1)(B) subse-
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quent to the initial promulgation of a standard 
under such subsection. 
‘‘(B) SPECIAL
RULE
FOR
FIXED-SIDE 
CRIBS SUBJECT TO CERTAIN STATE OR LOCAL 
LAW REQUIREMENTS.—Paragraph (1) shall not 
apply to a fixed-side crib that has not been re-
called and that is offered or provided for use in 
a licensed child care facility (other than a fam-
ily child care home) that is subject to the fol-
lowing requirements under the law of a State or 
a political subdivision of a State: 
‘‘(i) The facility may not allow a child 
to remain in a crib for any significant 
amount of time while the child is awake. 
‘‘(ii) The facility may not place in a 
crib a child over the age of 16 months. 
‘‘(iii) An adult must be present when-
ever a child is in a crib.’’. 
SEC. 6. APPLICATION OF SECTION 106 TO FDA-REGULATED 
PRODUCTS. 
Section 106(a) of the Consumer Product Safety Im-
provement Act (15 U.S.C. 2056b(a)) is amended by in-
serting ‘‘or any provision that restates or incorporates a 
regulation promulgated by the Food and Drug Adminis-
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tration or any statute administered by the Food and Drug 
Administration’’ after ‘‘or by statute’’. 
SEC. 7. APPLICATION OF PHTHALATES STANDARD. 
(a) 
ACCESSIBLE, 
PLASTICIZED
COMPONENT 
PARTS.—Section 108 of the Consumer Product Safety Im-
provement Act of 2008 (15 U.S.C. 2057c) is amended— 
(1) by redesignating subsections (c) through (e) 
as subsections (d) through (f), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) APPLICATION.— 
‘‘(1) ACCESSIBLE COMPONENT PARTS.—Effec-
tive on the date of enactment of this Act, sub-
sections (a) and (b)(1) and any rule promulgated 
under subsection (b)(3) shall apply to any accessible, 
plasticized component part of a children’s toy or 
child care article. 
‘‘(2) COMMISSION AUTHORITY.—The Commis-
sion may, by rule, exempt any children’s toy or child 
care article described in paragraph (1) or any class 
of such products or materials used in such products 
from any of the prohibitions under subsections (a) 
and (b)(1) and any rule promulgated under sub-
section (b)(3) where the Commission determines that 
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compliance with any such prohibition is not nec-
essary to protect children’s health.’’. 
(b) EFFECT
OF CONCLUSIONS
OF
THE CHRONIC 
HAZARD ADVISORY PANEL.—Section 108(b)(3) of such 
Act (15 U.S.C. 2057c(b)(3)) is amended— 
(1) by striking ‘‘Not later than’’ and inserting 
the following: 
‘‘(A) RULEMAKING REQUIRED.—Not later 
than’’; 
(2) by redesignating subparagraphs (A) and 
(B) as clauses (i) and (ii), respectively; 
(3) in clause (i) (as so redesignated), by insert-
ing ‘‘or terminate such prohibition’’ after ‘‘margin of 
safety’’; and 
(4) by adding at the end the following: 
‘‘(B) DEADLINE AND EFFECT ON PROHIBI-
TION.—If the Commission does not commence a 
rulemaking proceeding within 90 days after re-
ceiving the report required by paragraph (2)(C) 
or does not issue a final rule as required by 
subparagraph (A) within 180 days after com-
mencing a rulemaking, the prohibition in para-
graph (1) shall terminate.’’. 
(c) DEFINITIONS.—Section 108(f) of the Consumer 
Product Safety Improvement Act of 2008 (15 U.S.C. 
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2057c(f)) (as redesignated by subsection (a)) is amend-
ed— 
(1) in paragraph (1)— 
(A) in subparagraph (B), by striking ‘‘con-
sumer product’’ and all that follows and insert-
ing ‘‘children’s product that is subject to the 
standard made mandatory by section 106(b) or 
any successor standard’’; 
(B) in subparagraph (C), by striking ‘‘con-
sumer product’’ and inserting ‘‘children’s prod-
uct’’; and 
(C) in subparagraph (D)— 
(i) by striking ‘‘consumer product’’ 
and inserting ‘‘children’s product’’; 
(ii) by striking ‘‘section 3(a)(1)’’ and 
inserting ‘‘section 3(a)’’; and 
(iii) by striking ‘‘2052(a)(1)’’ and in-
serting ‘‘2052(a)’’; and 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) DETERMINATION GUIDELINES.—For pur-
poses of this section, a toy can be placed in a child’s 
mouth if any part of the toy can actually be brought 
to the mouth and kept in the mouth by a child so 
that it can be sucked and chewed. If the children’s 
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product can only be licked, it is not regarded as able 
to be placed in the mouth. If a toy or part of a toy 
in one dimension is smaller than 5 centimeters, it 
can be placed in the mouth.’’. 
SEC. 8. EXEMPTION AUTHORITY FOR 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 require-
ments in subparagraph (A) if the Commission determines 
that it is not practicable for such product or class of prod-
ucts 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).’’. 
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SEC. 9. REQUIREMENTS FOR PUBLIC DATABASE. 
(a) REQUIREMENTS
FOR
SUBMISSIONS
TO
THE 
DATABASE.—Section 6A(b) of the Consumer Product 
Safety Act (15 U.S.C. 2055a(b)) is amended— 
(1) in paragraph (1)(A)— 
(A) in clause (i), by striking ‘‘consumers’’ 
and inserting ‘‘persons who suffer harm or risk 
of harm related to the use of a product, their 
next of kin or members of their household, their 
legal representative, or another person expressly 
authorized by any such person’’; and 
(B) in clause (v), by striking ‘‘public safety 
entities’’ and inserting ‘‘police, fire, ambulance, 
emergency medical services, Federal, State, and 
local law enforcement entities, and other public 
safety officials’’; 
(2) in paragraph (2)(B)— 
(A) in clause (i), by inserting ‘‘and its lo-
cation and availability’’ after ‘‘concerned’’; 
(B) in clause (iv), by inserting ‘‘and if 
such person is not the person harmed by the 
product, the name and contact information of 
the person who suffered the harm or risk of 
harm related to the use of the product’’ after 
‘‘report’’; and 
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(C) in clause (v), by inserting ‘‘that such 
person is the consumer who used the product 
that gave rise to the harm, the user’s next of 
kin, a member of the user’s household, the legal 
representative of the user, another person ex-
pressly authorized by any such person, or a per-
son authorized to submit reports of harm under 
paragraph (1)(A) and’’ after ‘‘person submit-
ting the information’’; and 
(3) in paragraph (6), by inserting ‘‘or any per-
son on whose behalf such a report was submitted,’’ 
after ‘‘paragraph (1)(A),’’. 
(b) ADEQUACY AND ACCURACY OF INFORMATION RE-
PORTED TO THE PUBLIC DATABASE.—Section 6A(c)(2) of 
the 
Consumer 
Product 
Safety 
Act 
(15 
U.S.C. 
2055a(c)(2)) is amended— 
(1) in subparagraph (A), by striking ‘‘to sub-
mit’’ and all that follows and inserting ‘‘to— 
‘‘(i) notify the Commission within 10 
business days after receipt of the report 
that the information provided in the report 
is insufficient for determining which of the 
manufacturer’s products is the subject of 
the complaint, in which case the manufac-
turer shall provide the Commission (and 
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the person submitting the complaint, if 
that person has consented to disclosure of 
contact information) with information to 
assist the person submitting the report to 
sufficiently identify or provide an adequate 
description of the product; 
‘‘(ii) notify the Commission within 10 
business days after receipt of the report 
that the information provided in the report 
is materially inaccurate and to provide the 
Commission with any additional informa-
tion supporting the manufacturer’s claim 
of inaccuracy; and 
‘‘(iii) submit other comments to the 
Commission on the information contained 
in such report.’’; and 
(2) by redesignating subparagraphs (B) and 
(C) as subparagraphs (C) and (D), respectively, and 
inserting after subparagraph (A) the following: 
‘‘(B) ACTION BY THE COMMISSION.— 
‘‘(i) INSUFFICIENT PRODUCT IDENTI-
FICATION.—If a manufacturer notifies the 
Commission of the insufficiency of the 
product information in a report pursuant 
to subparagraph (A)(i), and the Commis-
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sion agrees that the information provided 
is insufficient to identify the product, the 
Commission shall provide the information 
provided by the manufacturer to the per-
son submitting the report (unless such in-
formation has already been provided di-
rectly by the manufacturer) and seek to 
obtain from such person an adequate de-
scription of the product. 
‘‘(ii) MATERIALLY
INACCURATE
IN-
FORMATION.—If a manufacturer notifies 
the Commission of a material inaccuracy in 
a report pursuant to subparagraph (A)(ii), 
and the Commission determines that the 
claim is potentially valid, the Commission 
shall seek to resolve the inaccuracy by any 
of the following: 
‘‘(I) Obtaining from the person 
submitting the report such additional 
information necessary to correct the 
inaccuracy. 
‘‘(II) Investigating the incident 
giving rise to the report in order to 
correct any such inaccuracy. 
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‘‘(III) Providing the manufac-
turer a reasonable period of time to 
investigate and provide additional in-
formation to correct any inaccuracy. 
‘‘(iii) STAY ON INCLUSION IN DATA-
BASE.—The Commission shall not include 
in the database a report described in 
clauses (i) or (ii) until the product is spe-
cifically identified and any material inaccu-
racy corrected.’’. 
(c) 
MISREPRESENTATION
PROHIBITED.—Section 
19(a)(13) of the Consumer Product Safety Act (15 U.S.C. 
2068(a)(13)) is amended by inserting ‘‘related to a sub-
mission of information to the database established under 
section 6A, or’’ after ‘‘misrepresentation to such an officer 
or employee’’. 
SEC. 10. 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 phys-
ical’’ after ‘‘documentary’’; 
(2) in paragraph (8), by striking ‘‘and’’; 
(3) by redesignating paragraph (9) as para-
graph (10) and inserting after paragraph (8) the fol-
lowing: 
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‘‘(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. 11. AVAILABILITY OF CERTAIN PERSONAL AND MED-
ICAL INFORMATION TO THE CPSC. 
Section 5 of the Consumer Product Safety Act (15 
U.S.C. 2054) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(e) AVAILABILITY OF PERSONAL AND MEDICAL IN-
FORMATION UNDER HIPAA.—In order to carry out its 
investigative and enforcement activities under this Act and 
under any of the Acts enforced by the Commission, the 
Commission shall be deemed a public health authority 
within the meaning of section 164.512(b)(i) of title 45, 
Code of Federal Regulations, for purposes of permitted 
disclosures of protected health information authorized 
under such section.’’. 
SEC. 12. TECHNICAL AMENDMENT. 
Section 14 of the Consumer Product Safety Act (15 
U.S.C. 2063) is further amended by redesignating the sec-
ond subsection (d) as subsection (i). 
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SEC. 13. EFFECTIVE DATE. 
Except as provided otherwise, the amendments made 
by this Act shall take effect on the date of enactment of 
this Act. 
Æ 
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