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 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, 
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SECTION 1. LIMITATION ON LEAD IN CHILDREN’S PROD-
UCTS. 
(a) 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 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-
paragraphs (A) and (B)) shall apply only to a chil-
dren’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.—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 
limit in subsection (a) for a specific product, 
class of product, material, or component part if 
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the Commission, after notice and a hearing, de-
termines that— 
‘‘(i) the product, class of product, ma-
terial, or component part requires the in-
clusion of lead because it is not practicable 
or not technologically feasible to manufac-
ture such product, class of product, mate-
rial, 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 fore-
seeable 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 ac-
count normal and reasonably foreseeable 
use and abuse. 
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‘‘(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 re-
sult in no measurable increase in blood lead lev-
els 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 EXCEP-
TION.— 
‘‘(i) 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. 
‘‘(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 excep-
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tion and any materials received through 
notice and a hearing. 
‘‘(iii) 
ADMISSIBLE
EVIDENCE.—In 
demonstrating that it meets the require-
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. 
‘‘(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 subpara-
graph (A) are met with respect to every ac-
cessible 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 safe-
ty— 
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‘‘(i) establish a lead limit that such 
product, class of product, material, or com-
ponent 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 prod-
uct, class of product, material, or component 
part shall apply regardless of the date of manu-
facture unless the Commission expressly pro-
vides otherwise. 
‘‘(F) 
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-
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ments of this paragraph as required by sub-
paragraph (C)(i).’’; 
(2) in paragraph (2)(A), by striking ‘‘include 
to,’’ and inserting ‘‘include’’; and 
(3) by redesignating paragraph (5) as para-
graph (8) and inserting after paragraph (4) the fol-
lowing: 
‘‘(5) EXCEPTION
FOR
OFF-HIGHWAY
VEHI-
CLES.— 
‘‘(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-high-
way vehicle’— 
‘‘(i) means any motorized vehicle— 
‘‘(I) that is manufactured pri-
marily 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 
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‘‘(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 mate-
rial 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 compo-
nent part of the products to which the stay of en-
forcement 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
CHIL-
DREN’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 chil-
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dren’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 ob-
tained by the seller, either directly or indirectly, 
from a person who obtained such children’s 
product for use and not for the purpose of re-
sale. Such term also includes a children’s prod-
uct that was donated to the seller for charitable 
distribution or resale to support charitable pur-
poses. 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 de-
termines, 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.’’. 
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SEC. 2. APPLICATION OF THIRD PARTY TESTING REQUIRE-
MENTS. 
(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 ‘‘ran-
dom’’ and inserting ‘‘representative’’; and 
(2) by adding at the end the following: 
‘‘(3) REDUCING THIRD PARTY TESTING BUR-
DENS.— 
‘‘(A) ASSESSMENT.—Not later than 60 
days after the date of enactment of this para-
graph, the Commission shall seek public com-
ment on opportunities to reduce the cost of 
third party testing requirements consistent with 
assuring compliance with any applicable con-
sumer 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 pro-
vide sufficient assurance of conformity 
with an applicable consumer product safety 
rule, ban, standard, or regulation without 
further third party testing. 
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‘‘(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 regu-
lation by third party testing of a subset of 
such components selected by a third party 
conformity assessment body. 
‘‘(iv) The extent to which manufactur-
ers with a substantial number of substan-
tially similar products subject to third 
party testing may reasonably make use of 
sampling procedures that reduce the over-
all test burden without compromising the 
benefits of third party testing. 
‘‘(v) The extent to which evidence of 
conformity with other national or inter-
national governmental standards may pro-
vide assurance of conformity to consumer 
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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 sub-
ject to a third party testing requirement. 
‘‘(vii) Other techniques for lowering 
the cost of third party testing consistent 
with assuring compliance with the applica-
ble 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 en-
actment of this paragraph, the Commission 
shall review the public comments and may pre-
scribe new or revised third party testing regula-
tions if it determines that such regulations will 
reduce third party testing costs consistent with 
assuring compliance with the applicable con-
sumer product safety rules, bans, standards, 
and regulations. 
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‘‘(C) REPORT.—If the Commission deter-
mines that it lacks authority to implement an 
opportunity for reducing the costs of third- 
party testing consistent with assuring compli-
ance with the applicable consumer product safe-
ty rules, bans, standards, and regulations, it 
shall transmit a report to Congress reviewing 
those opportunities, along with any rec-
ommendations for any legislation to permit 
such implementation. 
‘‘(4) SPECIAL RULES FOR SMALL BATCH MANU-
FACTURERS.— 
‘‘(A) SPECIAL
CONSIDERATION; EXEMP-
TION.— 
‘‘(i) CONSIDERATION; ALTERNATIVE 
REQUIREMENTS.—Subject to subparagraph 
(C), in implementing third party testing 
requirements under this section, the Com-
mission 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 cov-
ered products manufactured by small batch 
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manufacturers in lieu of those required 
under subsection (a) or (b). Any such al-
ternative requirements shall provide for 
reasonable methods to assure compliance 
with any applicable consumer product safe-
ty rule, ban, standard, or regulation. The 
Commission may allow such alternative 
testing requirements for small batch manu-
facturers with respect to a specific product 
or product class or with respect to a spe-
cific safety rule, ban, standard, or regula-
tion, or portion thereof. 
‘‘(ii) EXEMPTION.—If the Commission 
determines that no alternative testing re-
quirement is available or economically 
practicable, it shall exempt small batch 
manufacturers from third party testing re-
quirements under subsections (a) and (b). 
‘‘(iii) CERTIFICATION.—In lieu of or 
as part of any alternative testing require-
ments provided under clause (i), the Com-
mission may allow certification of a prod-
uct to an applicable consumer product 
safety rule, ban, standard, or regulation, or 
portion thereof, based on documentation 
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that the product complies with another na-
tional or international governmental stand-
ard or safety requirement that the Com-
mission determines is the same or more 
stringent than the consumer product safety 
rule, ban, standard, or regulation, or por-
tion thereof. Any such certification shall 
only be allowed to the extent of the equiva-
lency 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 pro-
vided 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 pursu-
ant to subparagraph (B), the Commission 
may not require third party testing of a 
covered product by a third party con-
formity assessment body until the Commis-
sion has provided either an alternative 
testing requirement or an exemption in ac-
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cordance with clause (i) or (ii), respec-
tively. 
‘‘(B) REGISTRATION.—Any small batch 
manufacturer that utilizes alternative require-
ments or an exemption under this paragraph 
shall register with the Commission prior to 
using such alternative requirements or exemp-
tions 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 sub-
section (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 re-
quirements described in clauses (i) through 
(v) of subsection (a)(3)(B); or 
‘‘(ii) durable infant or toddler prod-
ucts, as defined in section 104(f) of the 
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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 require-
ments with respect to a subsequent manufac-
turer or other entity that uses components pro-
vided by one or more small batch manufactur-
ers. 
‘‘(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 manufac-
turer’ means a manufacturer that had no 
more than $1,000,000 in total gross rev-
enue 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 in-
crease in the Consumer Price Index for all 
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urban consumers published by the Depart-
ment of Labor. 
For purposes of determining the total gross rev-
enue for all sales of all consumer products of a 
manufacturer under this subparagraph, such 
total gross revenue shall be considered to in-
clude all gross revenue from all sales of all con-
sumer 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 affili-
ations are considered in determining whether or 
not a manufacturer meets this definition. 
‘‘(5) EXCLUSION
FROM
THIRD
PARTY
TEST-
ING.— 
‘‘(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 ma-
terials. 
‘‘(ii) DEFINITIONS.— 
‘‘(I) ORDINARY BOOK.—The term 
‘ordinary book’ means a book printed 
on paper or cardboard, printed with 
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inks or toners, and bound and fin-
ished 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 arti-
cle that is not a book that is sold or 
packaged with an ordinary book. 
‘‘(II) ORDINARY
PAPER-BASED 
PRINTED MATERIALS.—The term ‘or-
dinary paper-based printed materials’ 
means materials printed on paper or 
cardboard, such as magazines, post-
ers, greeting cards, and similar prod-
ucts, 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 mate-
rials that contain components that are 
printed on material other than paper 
or cardboard or contain nonpaper- 
based components such as metal or 
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plastic parts or accessories that are 
not part of the binding and finishing 
materials used in a conventional 
method. 
‘‘(B) METAL COMPONENT PARTS OF BICY-
CLES.—The third party testing requirements 
established under subsection (a) shall not apply 
to metal component parts of bicycles with re-
spect 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 sub-
divide 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 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: 
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‘‘(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 this subsection, it shall notify 
the Commission. The revised voluntary stand-
ard shall be considered to be a consumer prod-
uct safety standard issued by the Commission 
under section 9 of the Consumer Product Safe-
ty 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, 
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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(c)) is amended by redesignating para-
graph (3) as paragraph (4) and inserting after paragraph 
(2) the following: 
‘‘(3) APPLICATION OF ANY REVISION.—With re-
spect 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 man-
ufactures or imports cribs, unless the Commission 
determines that application to any other person de-
scribed 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 per-
son to come into compliance.’’. 
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SEC. 4. APPLICATION OF SECTION 106 TO FDA-REGULATED 
PRODUCTS. 
Section 106(a) of the Consumer Product Safety Im-
provement Act of 2008 (15 U.S.C. 2056b(a)) is amended 
by inserting ‘‘or any provision that restates or incor-
porates 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 Im-
provement 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 fol-
lowing: 
‘‘(c) APPLICATION.—Effective on the date of enact-
ment 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.— 
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‘‘(1) IN
GENERAL.—The prohibitions estab-
lished 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 para-
graph if such component part is not physically ex-
posed by reason of a sealed covering or casing and 
does not become physically exposed through reason-
ably foreseeable use and abuse of the product. Rea-
sonably foreseeable use and abuse shall include swal-
lowing, mouthing, breaking, or other children’s ac-
tivities, and the aging of the product. 
‘‘(2) LIMITATION.—The Commission may re-
voke an exclusion or all exclusions granted under 
paragraph (1) at any time and require that any or 
all component parts manufactured after such exclu-
sion is revoked comply with the prohibitions estab-
lished under subsections (a) and (b) if the Commis-
sion finds, based on scientific evidence, that such 
compliance is necessary to protect the public health 
or safety. 
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‘‘(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 Com-
mission 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 GUID-
ANCE.—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 require-
ments laid out in paragraph (1) for considering a 
component to be inaccessible to a child.’’. 
SEC. 6. AUTHORITY TO MODIFY TRACKING LABELS RE-
QUIREMENT. 
Section 14(a)(5) of the Consumer Product Safety Act 
(15 U.S.C. 2063(a)(5)) is amended— 
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(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).’’. 
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 para-
graph (5)’’ after ‘‘paragraph (4)(A)’’; 
(2) in paragraph (4)(A), by striking ‘‘deter-
mines that the information in such report or com-
ment is materially inaccurate, the Commission 
shall—’’ and inserting ‘‘receives notice that the in-
formation in such report or comment is materially 
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inaccurate, the Commission shall stay the publica-
tion of the report on the database as required under 
paragraph (3) for a period of no more than 5 addi-
tional 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
IDENTI-
FICATION INFORMATION.— 
‘‘(A) IN GENERAL.—If the Commission re-
ceives a report described in subsection (b)(1)(A) 
that does not include the model or serial num-
ber of the consumer product concerned, the 
Commission shall seek from the individual or 
entity submitting the report such model or se-
rial 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 Com-
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mission transmits the report under paragraph 
(1) and shall include in the database any addi-
tional 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 para-
graph (1) until the Commission has ob-
tained the model or serial number or a 
photograph of the consumer product con-
cerned; 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 phys-
ical’’ after ‘‘documentary’’; 
(2) in paragraph (8), by striking ‘‘and’’; 
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(3) by redesignating paragraph (9) as para-
graph (10) and inserting after paragraph (8) the fol-
lowing: 
‘‘(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 redes-
ignating 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 sec-
tion 3(a)(16) of the Consumer Product Safety Act (15 
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U.S.C. 2052(a)(16)))’’ and inserting ‘‘(as defined in sec-
tion 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. 
Passed the House of Representatives August 1, 
2011. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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