[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1939 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1939

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2011

  Mrs. Bono Mack (for herself and Mr. Upton) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhancing CPSC Authority 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)--
            (1) by striking ``intended primarily for children'' and 
        inserting ``primarily intended for use by children''; and
            (2) by striking ``intended for a child'' and inserting 
        ``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 defined in section 3(a)(16) of the Consumer Product 
Safety Act (15 U.S.C. 2052(a)(16)))'' and inserting ``(as defined in 
section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)))''.

SEC. 3. CHILDREN'S PRODUCTS CONTAINING LEAD.

    (a) In General.--Section 101(a)(2) of the Consumer 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 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), beginning on the date 
                that is 4 years after the date of enactment of this 
                Act, the lead limit referred to in paragraph (1) is 
                0.01 percent total lead content by weight for any part 
                of a children's product that--
                            ``(i) is designed or intended primarily for 
                        use by a child 6 years of age or younger; 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 subparagraph'' 
                after ``product category'';
                    (C) by striking ``300 parts per million'' both 
                places it appears and inserting ``0.03 percent''; and
                    (D) by striking ``3 years'' and inserting ``4 
                years'';
            (4) by redesignating subparagraph (E) as subparagraph (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 
                children's 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.
                    ``(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 determines 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
            (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 Consumer 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 subparagraph (A)) shall 
        apply only to a children's product (as defined in section 3(a) 
        of the Consumer Product Safety Act (15 U.S.C. 2052(a))) that is 
        manufactured after the effective date of such respective 
        limit.''.
    (c) Alternative Limits and Exceptions.--Section 101(b) of such Act 
(15 U.S.C. 1278a(b)(1)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Functional purpose exception.--
                    ``(A) In general.--The Commission, on its own 
                initiative or upon petition by an interested party, 
                shall grant an exception to the prohibition in 
                subsection (a) for a specific product, material, or 
                component part if the Commission, after notice and 
                comment in accordance with subparagraph (B), determines 
                that--
                            ``(i) the product, material, or component 
                        part requires the inclusion of lead because it 
                        is not practicable or not technologically 
                        feasible to manufacture such product, material, 
                        or component part, as the case may be, in 
                        accordance with subsection (a) by removing the 
                        excessive lead or by making the lead 
                        inaccessible;
                            ``(ii) the product, material, or component 
                        part is not likely to be placed in the mouth or 
                        ingested, taking into account normal and 
                        reasonably foreseeable use and abuse of such 
                        product, material, or component 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 measurable 
                adverse effect on public health or safety if the 
                exception described in this subparagraph will result in 
                no measurable increase in blood lead levels.
                    ``(B) Procedures for granting exception.--
                            ``(i) Notice and comment period.--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 subparagraph.
                            ``(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 exception and any materials received 
                        through notice and comment.
                            ``(iv) Admissible evidence.--In 
                        demonstrating that it meets the requirements of 
                        subparagraph (A), a party seeking an exception 
                        under such subparagraph may rely on any 
                        nonproprietary information submitted by any 
                        other party seeking such an exception and such 
                        information shall be considered part of the 
                        record presented by the party that relies on 
                        that information.
                            ``(v) Scope of exception.--If an exception 
                        is sought for an entire product, the burden is 
                        on the petitioning party to demonstrate that 
                        the criteria in subparagraph (A) are met with 
                        respect to every accessible component or 
                        accessible material of the product.
                    ``(C) Limitation on exception.--If the Commission 
                grants an exception for a product, material, or 
                component part under subparagraph (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
                            ``(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 product, material, or component 
                part shall apply regardless of the date of manufacture 
                unless the Commission expressly provides otherwise.
                    ``(E) Previously submitted petitions.--A party 
                seeking an exception under this paragraph may rely on 
                materials previously submitted in connection with a 
                petition for exclusion under this section. In such 
                cases, petitioners must notify the Commission of their 
                intent to rely on materials previously submitted. Such 
                reliance does not affect petitioners' obligation to 
                demonstrate that they meet all requirements of this 
                paragraph as required by subparagraph (B)(ii).'';
            (2) in paragraph (2)(A), by striking ``include to,'' and 
        inserting ``include'';
            (3) by redesignating paragraph (5) as paragraph (7) and 
        inserting after paragraph (4) the following:
            ``(5) Certain outdoor recreational products.--
                    ``(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 outdoor 
                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 products intended 
                primarily for outdoor recreational use.
            ``(6) Exclusion of certain used children's products.--
                    ``(A) General exclusion.--The lead limits 
                established under subsection (a) shall not apply to a 
                used children's product.
                    ``(B) Definition.--The term `used children'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 person who obtained such children's 
                product for use and not for the purpose of resale. Such 
                term also includes a children's product that was 
                donated to the seller for charitable distribution or 
                resale to support charitable purposes. Such term shall 
                not include--
                            ``(i) children's metal jewelry; 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 inserting ``the 
                date of enactment of the Enhancing CPSC Authority and 
                Discretion Act of 2011,''.

SEC. 4. APPLICATION OF THIRD-PARTY TESTING REQUIREMENTS.

    (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 ``described 
                in subparagraph (B)'' after ``a children's product 
                safety rule''; and
                    (B) by amending subparagraph (B)(vi) to read as 
                follows:
                            ``(vi) Other durable nursery products.--The 
                        Commission shall publish notice of the 
                        requirements for accreditation of third-party 
                        conformity assessment bodies to assess 
                        conformity with other rules promulgated under 
                        section 104 of the Consumer 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 paragraph (3), requires testing 
        by an independent third party for--
                    ``(A) a particular rule, regulation, standard, ban;
                    ``(B) any portion of a particular rule, regulation, 
                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 Commission 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 capacity 
                        of accredited third-party conformity assessment 
                        bodies, taken together as a whole, is 
                        sufficient or is likely to be sufficient in a 
                        reasonable period of time to prevent 
                        unreasonable delays due to testing;
                            ``(iii) established, by rule, exemptions or 
                        alternative testing procedures for the 
                        certification of works of art and other one-of-
                        a-kind products and of specialty products 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 determination--
                                    ``(I) that the benefits from 
                                requiring third-party testing justify 
                                the costs; and
                                    ``(II) that any rule issued 
                                pursuant to this paragraph is tailored 
                                to impose the least possible burden, 
                                taking into account to the extent 
                                practicable, the costs of cumulative 
                                regulations.
                    ``(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 manufacturer may not 
                subdivide the production of such 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 Commission 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 
                requirements of paragraph (3) with respect to such 
                requirement.
                    ``(B) Review.--The Commission may modify any other 
                third-party testing requirement 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 period 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)''.
    (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 
        redesignated), by striking ``shall'';
            (4) in clause (i) (as so redesignated), by striking 
        ``initiate'' and inserting ``not later than 15 months after the 
        date of enactment of the Consumer Product Safety Improvement 
        Act of 2008, shall initiate''; and
            (5) in clause (ii) (as so redesignated), by striking 
        ``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 requirement is consistent with the 
        requirements of subsection (b)(3)(A)(iv).''.

SEC. 5. APPLICATION OF AND PROCESS FOR UPDATING DURABLE NURSERY 
              PRODUCTS STANDARDS.

    (a) Updating Standard.--Section 104(b) of the Consumer Product 
Safety Improvement Act of 2008 (15 U.S.C. 2056a(b)) is amended by 
adding at the end the following:
            ``(4) Process for considering subsequent revisions to 
        voluntary standard.--
                    ``(A) Notice of adoption of voluntary standard.--
                When the Commission promulgates a consumer product 
                safety standard under this subsection that is based, in 
                whole or in part, on a voluntary standard, the 
                Commission shall notify the organization that issued 
                the voluntary standard of the Commission's action and 
                shall provide a copy of the consumer product safety 
                standard to the organization.
                    ``(B) Commission action on revised voluntary 
                standard.--If an organization revises a standard that 
                has been adopted, in whole or in part, as a consumer 
                product safety standard under subparagraph (A), it 
                shall notify the Commission. The revised voluntary 
                standard shall be considered to be a consumer product 
                safety standard issued by the Commission under section 
                9 of the Consumer Product Safety Act (15 U.S.C. 2058), 
                effective 180 days after the date on which the 
                organization notifies the Commission (or such later 
                date specified by the Commission in the Federal 
                Register) unless, within 90 days after receiving that 
                notice, the Commission notifies the organization that 
                it has determined that the proposed revision does not 
                improve the safety of the consumer product covered by 
                the standard and that the Commission is retaining the 
                existing consumer product safety standard.''.
    (b) Application of Standard.--Section 104(c) of the Consumer 
Product Safety Improvement Act of 2008 (15 U.S.C. 2056a) 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 promulgated under 
                subsection (b)(1)(B) subsequent 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 
                recalled and that is offered or provided for use in a 
                licensed child care facility (other than a family child 
                care home) that is subject to the following 
                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 whenever a 
                        child is in a crib.''.

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

    Section 106(a) of the Consumer Product Safety Improvement Act (15 
U.S.C. 2056b(a)) is amended by inserting ``or any provision that 
restates or incorporates a regulation promulgated by the Food and Drug 
Administration or any statute administered by the Food and Drug 
Administration'' after ``or by statute''.

SEC. 7. APPLICATION OF PHTHALATES STANDARD.

    (a) Accessible, Plasticized Component Parts.--Section 108 of the 
Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 2057c) is 
amended--
            (1) by redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Application.--
            ``(1) Accessible component parts.--Effective on the date of 
        enactment of this Act, subsections (a) and (b)(1) and any rule 
        promulgated under subsection (b)(3) shall apply to any 
        accessible, plasticized component part of a children's toy or 
        child care article.
            ``(2) Commission authority.--The Commission 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 subsection (b)(3) 
        where the Commission determines that compliance with any such 
        prohibition is not necessary 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 inserting ``or 
        terminate such prohibition'' after ``margin of safety''; and
            (4) by adding at the end the following:
                    ``(B) Deadline and effect on prohibition.--If the 
                Commission does not commence a rulemaking proceeding 
                within 90 days after receiving the report required by 
                paragraph (2)(C) or does not issue a final rule as 
                required by subparagraph (A) within 180 days after 
                commencing a rulemaking, the prohibition in paragraph 
                (1) shall terminate.''.
    (c) Definitions.--Section 108(f) of the Consumer Product Safety 
Improvement Act of 2008 (15 U.S.C. 2057c(f)) (as redesignated by 
subsection (a)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``consumer 
                product'' and all that follows and inserting 
                ``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 ``consumer 
                product'' and inserting ``children's product''; 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 
                        inserting ``2052(a)''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) Determination guidelines.--For purposes 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 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 requirements in subparagraph (A) if the 
Commission determines that it is not practicable for such product or 
class of products to bear the marks required by such subparagraph. The 
Commission may establish alternative requirements for any product or 
class of products excluded under the preceding sentence consistent with 
the purposes described in clauses (i) and (ii) of subparagraph (A).''.

SEC. 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 location 
                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
                    (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 expressly authorized by any such person, 
                or a person authorized to submit reports of harm under 
                paragraph (1)(A) and'' after ``person submitting the 
                information''; and
            (3) in paragraph (6), by inserting ``or any person on whose 
        behalf such a report was submitted,'' after ``paragraph 
        (1)(A),''.
    (b) Adequacy and Accuracy of Information Reported 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 submit'' 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 manufacturer shall 
                        provide the Commission (and 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 information 
                        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 
                        identification.--If a manufacturer notifies the 
                        Commission of the insufficiency of the product 
                        information in a report pursuant to 
                        subparagraph (A)(i), and the Commission agrees 
                        that the information provided is insufficient 
                        to identify the product, the Commission shall 
                        provide the information provided by the 
                        manufacturer to the person submitting the 
                        report (unless such information has already 
                        been provided directly by the manufacturer) and 
                        seek to obtain from such person an adequate 
                        description of the product.
                            ``(ii) Materially inaccurate information.--
                        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.
                                    ``(III) Providing the manufacturer 
                                a reasonable period of time to 
                                investigate and provide additional 
                                information to correct any inaccuracy.
                            ``(iii) Stay on inclusion in database.--The 
                        Commission shall not include in the database a 
                        report described in clauses (i) or (ii) until 
                        the product is specifically identified and any 
                        material inaccuracy 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 submission 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 physical'' after 
        ``documentary'';
            (2) in paragraph (8), by striking ``and'';
            (3) by redesignating paragraph (9) as paragraph (10) and 
        inserting after paragraph (8) the following:
            ``(9) to delegate to the general counsel of the Commission 
        the authority to issue subpoenas solely to Federal, State, or 
        local government agencies for evidence described in paragraph 
        (3); and''; and
            (4) in paragraph (10) (as so redesignated), by inserting 
        ``(except as provided in paragraph (9))'' after ``paragraph 
        (3)''.

SEC. 11. AVAILABILITY OF CERTAIN PERSONAL AND MEDICAL 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 following new subsection:
    ``(e) Availability of Personal and Medical Information 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 second subsection (d) as 
subsection (i).

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.
                                 <all>