[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2715 Engrossed in House (EH)]

112th CONGRESS
  1st Session
                                H. R. 2715

_______________________________________________________________________

                                 AN ACT


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

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

SECTION 1. LIMITATION ON LEAD IN CHILDREN'S PRODUCTS.

    (a) Prospective Application of Lead Limit for Children's 
Products.--Section 101(a) of the Consumer Product Safety Improvement 
Act of 2008 (15 U.S.C. 1278a(a)) is amended by adding at the end the 
following:
            ``(3) Application.--Each limit set forth in paragraph (2) 
        (except for the limit set forth in subparagraphs (A) and (B)) 
        shall apply only to a children's product (as defined in section 
        3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a))) 
        that is manufactured after the effective date of such 
        respective limit.''.
    (b) Alternative Limits and Exceptions.--Section 101(b) of such Act 
(15 U.S.C. 1278a(b)(1)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Functional purpose exception.--
                    ``(A) In general.--The Commission, on its own 
                initiative or upon petition by an interested party, 
                shall grant an exception to the limit in subsection (a) 
                for a specific product, class of product, material, or 
                component part if the Commission, after notice and a 
                hearing, determines that--
                            ``(i) the product, class of product, 
                        material, or component part requires the 
                        inclusion of lead because it is not practicable 
                        or not technologically feasible to manufacture 
                        such product, class of product, material, or 
                        component part, as the case may be, in 
                        accordance with subsection (a) by removing the 
                        excessive lead or by making the lead 
                        inaccessible;
                            ``(ii) the product, class of product, 
                        material, or component part is not likely to be 
                        placed in the mouth or ingested, taking into 
                        account normal and reasonably foreseeable use 
                        and abuse of such product, class of product, 
                        material, or component part by a child; and
                            ``(iii) an exception for the product, class 
                        of product, material, or component part will 
                        have no measurable adverse effect on public 
                        health or safety, taking into account normal 
                        and reasonably foreseeable use and abuse.
                    ``(B) Measurement.--For purposes of subparagraph 
                (A)(iii), there is no measurable adverse effect on 
                public health or safety if the exception described in 
                subparagraph (A) will result in no measurable increase 
                in blood lead levels of a child. The Commission may 
                adopt an alternative method of measurement other than 
                blood lead levels if it determines, after notice and a 
                hearing, that such alternative method is a better 
                scientific method for measuring adverse effect on 
                public health and safety.
                    ``(C) Procedures for granting exception.--
                            ``(i) Burden of proof.--A party seeking an 
                        exception under subparagraph (A) has the burden 
                        of demonstrating that it meets the requirements 
                        of such subparagraph.
                            ``(ii) Grounds for decision.--In the case 
                        where a party has petitioned for an exception, 
                        in determining whether to grant the exception, 
                        the Commission may base its decision solely on 
                        the materials presented by the party seeking 
                        the exception and any materials received 
                        through notice and a hearing.
                            ``(iii) Admissible evidence.--In 
                        demonstrating that it meets the requirements of 
                        subparagraph (A), a party seeking an exception 
                        under such subparagraph may rely on any 
                        nonproprietary information submitted by any 
                        other party seeking such an exception and such 
                        information shall be considered part of the 
                        record presented by the party that relies on 
                        that information.
                            ``(iv) Scope of exception.--If an exception 
                        is sought for an entire product, the burden is 
                        on the petitioning party to demonstrate that 
                        the criteria in subparagraph (A) are met with 
                        respect to every accessible component or 
                        accessible material of the product.
                    ``(D) Limitation on exception.--If the Commission 
                grants an exception for a product, class of product, 
                material, or component part under subparagraph (A), the 
                Commission may, as necessary to protect public health 
                or safety--
                            ``(i) establish a lead limit that such 
                        product, class of product, material, or 
                        component part may not exceed; or
                            ``(ii) place a manufacturing expiration 
                        date on such exception or establish a schedule 
                        after which the manufacturer of such product, 
                        class of product, material, or component part 
                        shall be in full compliance with the limit 
                        established under clause (i) or the limit set 
                        forth in subsection (a).
                    ``(E) Application of exception.--An exception under 
                subparagraph (A) for a product, class of product, 
                material, or component part shall apply regardless of 
                the date of manufacture unless the Commission expressly 
                provides otherwise.
                    ``(F) Previously submitted petitions.--A party 
                seeking an exception under this paragraph may rely on 
                materials previously submitted in connection with a 
                petition for exclusion under this section. In such 
                cases, petitioners must notify the Commission of their 
                intent to rely on materials previously submitted. Such 
                reliance does not affect petitioners' obligation to 
                demonstrate that they meet all requirements of this 
                paragraph as required by subparagraph (C)(i).'';
            (2) in paragraph (2)(A), by striking ``include to,'' and 
        inserting ``include''; and
            (3) by redesignating paragraph (5) as paragraph (8) and 
        inserting after paragraph (4) the following:
            ``(5) Exception for off-highway vehicles.--
                    ``(A) In general.--Subsection (a) shall not apply 
                to an off-highway vehicle.
                    ``(B) Off-highway vehicle defined.--For purposes of 
                this section, the term `off-highway vehicle'--
                            ``(i) means any motorized vehicle--
                                    ``(I) that is manufactured 
                                primarily for use off public streets, 
                                roads, and highways;
                                    ``(II) designed to travel on 2, 3, 
                                or 4 wheels; and
                                    ``(III) that has either--
                                            ``(aa) a seat designed to 
                                        be straddled by the operator 
                                        and handlebars for steering 
                                        control; or
                                            ``(bb) a nonstraddle seat, 
                                        steering wheel, seat belts, and 
                                        roll-over protective structure; 
                                        and
                            ``(ii) includes a snowmobile.
            ``(6) Bicycles and related products.--In lieu of the lead 
        limits established in subsection (a)(2), the limits set forth 
        for each respective material in the notice of the Commission 
        entitled `Notice of Stay of Enforcement Pertaining to Bicycles 
        and Related Products', published June 30, 2009 (74 Fed. Reg. 
        31254), shall apply to any metal component part of the products 
        to which the stay of enforcement described in such notice 
        applies, except that after December 31, 2011, the limits set 
        forth in such notice shall not be more than 300 parts per 
        million total lead content by weight for any metal component 
        part of the products to which such stay pertains.
            ``(7) Exclusion of certain used children's products.--
                    ``(A) General exclusion.--The lead limits 
                established under subsection (a) shall not apply to a 
                used children's product.
                    ``(B) Definition.--In this paragraph, the term 
                `used children's product' means a children's product 
                (as defined in section 3(a) of the Consumer Product 
                Safety Act (15 U.S.C. 2052(a)) that was obtained by the 
                seller for use and not for the purpose of resale or was 
                obtained by the seller, either directly or indirectly, 
                from a person who obtained such children's product for 
                use and not for the purpose of resale. Such term also 
                includes a children's product that was donated to the 
                seller for charitable distribution or resale to support 
                charitable purposes. Such term shall not include--
                            ``(i) children's metal jewelry;
                            ``(ii) any children's product for which the 
                        donating party or the seller has actual 
                        knowledge that the product is in violation of 
                        the lead limits in this section; or
                            ``(iii) any other children's product or 
                        product category that the Commission 
                        determines, after notice and a hearing.
                For purposes of this definition, the term `seller' 
                includes a person who lends or donates a used 
                children's product.''.

SEC. 2. APPLICATION OF THIRD PARTY TESTING REQUIREMENTS.

    (a) In General.--Section 14(d) of the Consumer Product Safety Act 
(15 U.S.C. 2063(d)) is amended--
            (1) in paragraph (2)(B)(ii), by striking ``random'' and 
        inserting ``representative''; and
            (2) by adding at the end the following:
            ``(3) Reducing third party testing burdens.--
                    ``(A) Assessment.--Not later than 60 days after the 
                date of enactment of this paragraph, the Commission 
                shall seek public comment on opportunities to reduce 
                the cost of third party testing requirements consistent 
                with assuring compliance with any applicable consumer 
                product safety rule, ban, standard, or regulation. The 
                request for public comment shall include the following:
                            ``(i) The extent to which the use of 
                        materials subject to regulations of another 
                        government agency that requires third party 
                        testing of those materials may provide 
                        sufficient assurance of conformity with an 
                        applicable consumer product safety rule, ban, 
                        standard, or regulation without further third 
                        party testing.
                            ``(ii) The extent to which modification of 
                        the certification requirements may have the 
                        effect of reducing redundant third party 
                        testing by or on behalf of 2 or more importers 
                        of a product that is substantially similar or 
                        identical in all material respects.
                            ``(iii) The extent to which products with a 
                        substantial number of different components 
                        subject to third party testing may be evaluated 
                        to show compliance with an applicable rule, 
                        ban, standard, or regulation by third party 
                        testing of a subset of such components selected 
                        by a third party conformity assessment body.
                            ``(iv) The extent to which manufacturers 
                        with a substantial number of substantially 
                        similar products subject to third party testing 
                        may reasonably make use of sampling procedures 
                        that reduce the overall test burden without 
                        compromising the benefits of third party 
                        testing.
                            ``(v) The extent to which evidence of 
                        conformity with other national or international 
                        governmental standards may provide assurance of 
                        conformity to consumer product safety rules, 
                        bans, standards, or regulations applicable 
                        under this Act.
                            ``(vi) The extent to which technology, 
                        other than the technology already approved by 
                        the Commission, exists for third party 
                        conformity assessment bodies to test or to 
                        screen for testing consumer products subject to 
                        a third party testing requirement.
                            ``(vii) Other techniques for lowering the 
                        cost of third party testing consistent with 
                        assuring compliance with the applicable 
                        consumer product safety rules, bans, standards, 
                        and regulations.
                    ``(B) Regulations.--Following the public comment 
                period described in subparagraph (A), but not later 
                than 1 year after the date of enactment of this 
                paragraph, the Commission shall review the public 
                comments and may prescribe new or revised third party 
                testing regulations if it determines that such 
                regulations will reduce third party testing costs 
                consistent with assuring compliance with the applicable 
                consumer product safety rules, bans, standards, and 
                regulations.
                    ``(C) Report.--If the Commission determines that it 
                lacks authority to implement an opportunity for 
                reducing the costs of third-party testing consistent 
                with assuring compliance with the applicable consumer 
                product safety rules, bans, standards, and regulations, 
                it shall transmit a report to Congress reviewing those 
                opportunities, along with any recommendations for any 
                legislation to permit such implementation.
            ``(4) Special rules for small batch manufacturers.--
                    ``(A) Special consideration; exemption.--
                            ``(i) Consideration; alternative 
                        requirements.--Subject to subparagraph (C), in 
                        implementing third party testing requirements 
                        under this section, the Commission shall take 
                        into consideration any economic, 
                        administrative, or other limits on the ability 
                        of small batch manufacturers to comply with 
                        such requirements and shall, after notice and a 
                        hearing, provide alternative testing 
                        requirements for covered products manufactured 
                        by small batch manufacturers in lieu of those 
                        required under subsection (a) or (b). Any such 
                        alternative requirements shall provide for 
                        reasonable methods to assure compliance with 
                        any applicable consumer product safety rule, 
                        ban, standard, or regulation. The Commission 
                        may allow such alternative testing requirements 
                        for small batch manufacturers with respect to a 
                        specific product or product class or with 
                        respect to a specific safety rule, ban, 
                        standard, or regulation, or portion thereof.
                            ``(ii) Exemption.--If the Commission 
                        determines that no alternative testing 
                        requirement is available or economically 
                        practicable, it shall exempt small batch 
                        manufacturers from third party testing 
                        requirements under subsections (a) and (b).
                            ``(iii) Certification.--In lieu of or as 
                        part of any alternative testing requirements 
                        provided under clause (i), the Commission may 
                        allow certification of a product to an 
                        applicable consumer product safety rule, ban, 
                        standard, or regulation, or portion thereof, 
                        based on documentation that the product 
                        complies with another national or international 
                        governmental standard or safety requirement 
                        that the Commission determines is the same or 
                        more stringent than the consumer product safety 
                        rule, ban, standard, or regulation, or portion 
                        thereof. Any such certification shall only be 
                        allowed to the extent of the equivalency with a 
                        consumer product safety rule, ban, standard, or 
                        regulation and not to any other part of the 
                        consumer product safety rule, ban, standard, or 
                        regulation.
                            ``(iv) Restriction.--Except as provided in 
                        subparagraph (C), and except where the 
                        Commission determines that the manufacturer 
                        does not meet the definition of a small batch 
                        manufacturer, for any small batch manufacturer 
                        registered pursuant to subparagraph (B), the 
                        Commission may not require third party testing 
                        of a covered product by a third party 
                        conformity assessment body until the Commission 
                        has provided either an alternative testing 
                        requirement or an exemption in accordance with 
                        clause (i) or (ii), respectively.
                    ``(B) Registration.--Any small batch manufacturer 
                that utilizes alternative requirements or an exemption 
                under this paragraph shall register with the Commission 
                prior to using such alternative requirements or 
                exemptions pursuant to any guidelines issued by the 
                Commission to carry out this requirement.
                    ``(C) Limitation.--The Commission shall not provide 
                or permit to continue in effect any alternative 
                requirements or exemption from third party testing 
                requirements under this paragraph where it determines, 
                based on notice and a hearing, that full compliance 
                with subsection (a) or (b) is reasonably necessary to 
                protect public health or safety. The Commission shall 
                not provide any alternative requirements or exemption 
                for--
                            ``(i) any of the third party testing 
                        requirements described in clauses (i) through 
                        (v) of subsection (a)(3)(B); or
                            ``(ii) durable infant or toddler products, 
                        as defined in section 104(f) of the Consumer 
                        Product Safety Improvement Act of 2008 (15 
                        U.S.C. 2056a(f)).
                    ``(D) Subsequent manufacturer.--Nothing in this 
                paragraph shall be construed to affect third party 
                testing or any other requirements with respect to a 
                subsequent manufacturer or other entity that uses 
                components provided by one or more small batch 
                manufacturers.
                    ``(E) Definitions.--For purposes of this 
                paragraph--
                            ``(i) the term `covered product' means a 
                        consumer product manufactured by a small batch 
                        manufacturer where no more than 7,500 units of 
                        the same product were manufactured in the 
                        previous calendar year; and
                            ``(ii) the term `small batch manufacturer' 
                        means a manufacturer that had no more than 
                        $1,000,000 in total gross revenue from sales of 
                        all consumer products in the previous calendar 
                        year. The dollar amount contained in this 
                        paragraph shall be adjusted annually by the 
                        percentage increase in the Consumer Price Index 
                        for all urban consumers published by the 
                        Department of Labor.
                For purposes of determining the total gross revenue for 
                all sales of all consumer products of a manufacturer 
                under this subparagraph, such total gross revenue shall 
                be considered to include all gross revenue from all 
                sales of all consumer products of each entity that 
                controls, is controlled by, or is under common control 
                with such manufacturer. The Commission shall take steps 
                to ensure that all relevant business affiliations are 
                considered in determining whether or not a manufacturer 
                meets this definition.
            ``(5) Exclusion from third party testing.--
                    ``(A) Certain printed materials.--
                            ``(i) In general.--The third party testing 
                        requirements established under subsection (a) 
                        shall not apply to ordinary books or ordinary 
                        paper-based printed materials.
                            ``(ii) Definitions.--
                                    ``(I) Ordinary book.--The term 
                                `ordinary book' means a book printed on 
                                paper or cardboard, printed with inks 
                                or toners, and bound and finished using 
                                a conventional method, and that is 
                                intended to be read or has educational 
                                value. Such term does not include books 
                                with inherent play value, books 
                                designed or intended for a child 3 
                                years of age or younger, and does not 
                                include any toy or other article that 
                                is not a book that is sold or packaged 
                                with an ordinary book.
                                    ``(II) Ordinary paper-based printed 
                                materials.--The term `ordinary paper-
                                based printed materials' means 
                                materials printed on paper or 
                                cardboard, such as magazines, posters, 
                                greeting cards, and similar products, 
                                that are printed with inks or toners 
                                and bound and finished using a 
                                conventional method.
                                    ``(III) Exclusions.--Such terms do 
                                not include books or printed materials 
                                that contain components that are 
                                printed on material other than paper or 
                                cardboard or contain nonpaper-based 
                                components such as metal or plastic 
                                parts or accessories that are not part 
                                of the binding and finishing materials 
                                used in a conventional method.
                    ``(B) Metal component parts of bicycles.--The third 
                party testing requirements established under subsection 
                (a) shall not apply to metal component parts of 
                bicycles with respect to compliance with the lead 
                content limits in place pursuant to section 101(b)(6) 
                of the Consumer Product Safety Improvement Act of 
                2008.''.
    (b) Prohibited Act.--Section 19(a)(14) of the Consumer Product 
Safety Act (15 U.S.C. 2068(a)(14)) is amended by striking the period 
and inserting ``, or to subdivide the production of any children's 
product into small quantities that have the effect of evading any third 
party testing requirements under section 14(a)(2);''.

SEC. 3. APPLICATION OF AND PROCESS FOR UPDATING DURABLE NURSERY 
              PRODUCTS STANDARDS.

    (a) Updating Standard.--Section 104(b) of the Consumer Product 
Safety Improvement Act of 2008 (15 U.S.C. 2056a(b)) is amended by 
adding at the end the following:
            ``(4) Process for considering subsequent revisions to 
        voluntary standard.--
                    ``(A) Notice of adoption of voluntary standard.--
                When the Commission promulgates a consumer product 
                safety standard under this subsection that is based, in 
                whole or in part, on a voluntary standard, the 
                Commission shall notify the organization that issued 
                the voluntary standard of the Commission's action and 
                shall provide a copy of the consumer product safety 
                standard to the organization.
                    ``(B) Commission action on revised voluntary 
                standard.--If an organization revises a standard that 
                has been adopted, in whole or in part, as a consumer 
                product safety standard under this subsection, it shall 
                notify the Commission. The revised voluntary standard 
                shall be considered to be a consumer product safety 
                standard issued by the Commission under section 9 of 
                the Consumer Product Safety Act (15 U.S.C. 2058), 
                effective 180 days after the date on which the 
                organization notifies the Commission (or such later 
                date specified by the Commission in the Federal 
                Register) unless, within 90 days after receiving that 
                notice, the Commission notifies the organization that 
                it has determined that the proposed revision does not 
                improve the safety of the consumer product covered by 
                the standard and that the Commission is retaining the 
                existing consumer product safety standard.''.
    (b) Application of Standard.--Section 104(c) of the Consumer 
Product Safety Improvement Act of 2008 (15 U.S.C. 2056a(c)) is amended 
by redesignating paragraph (3) as paragraph (4) and inserting after 
paragraph (2) the following:
            ``(3) Application of any revision.--With respect to any 
        revision of the standard promulgated under subsection (b)(1)(B) 
        subsequent to the initial promulgation of a standard under such 
        subsection, paragraph (1) shall apply only to a person that 
        manufactures or imports cribs, unless the Commission determines 
        that application to any other person described in paragraph (2) 
        is necessary to protect against an unreasonable risk to health 
        or safety. If the Commission determines that application to a 
        person described in paragraph (2) is necessary, it shall 
        provide not less than 12 months for such person to come into 
        compliance.''.

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

    Section 106(a) of the Consumer Product Safety Improvement Act of 
2008 (15 U.S.C. 2056b(a)) is amended by inserting ``or any provision 
that restates or incorporates a regulation promulgated by the Food and 
Drug Administration or any statute administered by the Food and Drug 
Administration'' after ``or by statute''.

SEC. 5. APPLICATION OF PHTHALATES LIMIT.

    (a) Accessible, Plasticized Component Parts.--Section 108 of the 
Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 2057c) is 
amended--
            (1) by redesignating subsections (c) through (e) as 
        subsections (e) through (g), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Application.--Effective on the date of enactment of this Act, 
subsections (a) and (b)(1) and any rule promulgated under subsection 
(b)(3) shall apply to any plasticized component part of a children's 
toy or child care article or any other component part of a children's 
toy or child care article that is made of other materials that may 
contain phthalates.
    ``(d) Exclusion for Inaccessible Component Parts.--
            ``(1) In general.--The prohibitions established under 
        subsections (a) and (b) shall not apply to any component part 
        of a children's toy or child care article that is not 
        accessible to a child through normal and reasonably foreseeable 
        use and abuse of such product, as determined by the Commission. 
        A component part is not accessible under this paragraph if such 
        component part is not physically exposed by reason of a sealed 
        covering or casing and does not become physically exposed 
        through reasonably foreseeable use and abuse of the product. 
        Reasonably foreseeable use and abuse shall include swallowing, 
        mouthing, breaking, or other children's activities, and the 
        aging of the product.
            ``(2) Limitation.--The Commission may revoke an exclusion 
        or all exclusions granted under paragraph (1) at any time and 
        require that any or all component parts manufactured after such 
        exclusion is revoked comply with the prohibitions established 
        under subsections (a) and (b) if the Commission finds, based on 
        scientific evidence, that such compliance is necessary to 
        protect the public health or safety.
            ``(3) Inaccessibility proceeding.--Within 1 year after the 
        date of enactment of this subsection, the Commission shall--
                    ``(A) promulgate a rule providing guidance with 
                respect to what product components, or classes of 
                components, will be considered to be inaccessible for 
                purposes of paragraph (1); or
                    ``(B) adopt the same guidance with respect to 
                inaccessibility that was adopted by the Commission with 
                regards to accessibility of lead under section 
                101(b)(2)(B), with additional consideration, as 
                appropriate, of whether such component can be placed in 
                a child's mouth.
            ``(4) Application pending commission guidance.--Until the 
        Commission promulgates a rule pursuant to paragraph (3), the 
        determination of whether a product component is inaccessible to 
        a child shall be made in accordance with the requirements laid 
        out in paragraph (1) for considering a component to be 
        inaccessible to a child.''.

SEC. 6. AUTHORITY TO MODIFY TRACKING LABELS REQUIREMENT.

    Section 14(a)(5) of the Consumer Product Safety Act (15 U.S.C. 
2063(a)(5)) is amended--
            (1) by striking ``Effective 1 year'' and inserting ``(A) 
        Effective 1 year'';
            (2) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively; and
            (3) by adding at the end the following:
    ``(B) The Commission may, by regulation, exclude a specific product 
or class of products from the requirements in subparagraph (A) if the 
Commission determines that it is not practicable for such product or 
class of products to bear the marks required by such subparagraph. The 
Commission may establish alternative requirements for any product or 
class of products excluded under the preceding sentence consistent with 
the purposes described in clauses (i) and (ii) of subparagraph (A).''.

SEC. 7. IMPROVED PRODUCT IDENTIFICATION FOR PUBLIC DATABASE.

    Section 6A(c) of the Consumer Product Safety Act (15 U.S.C. 
2055a(c)) is amended--
            (1) in paragraph (3)(A), by inserting ``or paragraph (5)'' 
        after ``paragraph (4)(A)'';
            (2) in paragraph (4)(A), by striking ``determines that the 
        information in such report or comment is materially inaccurate, 
        the Commission shall--'' and inserting ``receives notice that 
        the information in such report or comment is materially 
        inaccurate, the Commission shall stay the publication of the 
        report on the database as required under paragraph (3) for a 
        period of no more than 5 additional days. If the Commission 
        determines that the information in such report or comment is 
        materially inaccurate, the Commission shall--''; and
            (3) by adding at the end the following new paragraph:
            ``(5) Obtaining certain product identification 
        information.--
                    ``(A) In general.--If the Commission receives a 
                report described in subsection (b)(1)(A) that does not 
                include the model or serial number of the consumer 
                product concerned, the Commission shall seek from the 
                individual or entity submitting the report such model 
                or serial number or, if such model or serial number is 
                not available, a photograph of the product. If the 
                Commission obtains information relating to the serial 
                or model number of the product or a photograph of the 
                product, it shall immediately forward such information 
                to the manufacturer of the product. The Commission 
                shall make the report available in the database on the 
                15th business day after the date on which the 
                Commission transmits the report under paragraph (1) and 
                shall include in the database any additional 
                information about the product obtained under this 
                paragraph.
                    ``(B) Rule of construction.--Nothing in this 
                paragraph shall be construed to--
                            ``(i) permit the Commission to delay 
                        transmission of the report under paragraph (1) 
                        until the Commission has obtained the model or 
                        serial number or a photograph of the consumer 
                        product concerned; or
                            ``(ii) make inclusion in the database of a 
                        report described in subsection (b)(1)(A) 
                        contingent on the availability of the model or 
                        serial number or a photograph of the consumer 
                        product concerned.''.

SEC. 8. SUBPOENA AUTHORITY.

    Section 27(b) of the Consumer Product Safety Act (15 U.S.C. 
2076(b)) is amended--
            (1) in paragraph (3), by inserting ``and physical'' after 
        ``documentary'';
            (2) in paragraph (8), by striking ``and'';
            (3) by redesignating paragraph (9) as paragraph (10) and 
        inserting after paragraph (8) the following:
            ``(9) to delegate to the general counsel of the Commission 
        the authority to issue subpoenas solely to Federal, State, or 
        local government agencies for evidence described in paragraph 
        (3); and''; and
            (4) in paragraph (10) (as so redesignated), by inserting 
        ``(except as provided in paragraph (9))'' after ``paragraph 
        (3)''.

SEC. 9. DEADLINE FOR RULE BY CONSUMER PRODUCT SAFETY COMMISSION ON 
              STANDARDS FOR ALL TERRAIN VEHICLES.

    The Commission shall issue the final rule described in section 
42(d) of the Consumer Product Safety Act (15 U.S.C. 2089(d)) not later 
than 1 year after the date of enactment of this Act.

SEC. 10. TECHNICAL AMENDMENTS.

    (a) CPSA.--Section 14 of the Consumer Product Safety Act (15 U.S.C. 
2063) is further amended by redesignating the second subsection (d) as 
subsection (i).
    (b) CPSIA.--Section 101(a)(1) of the Consumer Product Safety 
Improvement Act of 2008 (15 U.S.C. 1278a(a)(1)) is amended by striking 
``(as defined in section 3(a)(16) of the Consumer Product Safety Act 
(15 U.S.C. 2052(a)(16)))'' and inserting ``(as defined in section 3(a) 
of the Consumer Product Safety Act (15 U.S.C. 2052(a)))''.

SEC. 11. EFFECTIVE DATE.

    Except as provided otherwise, the amendments made by this Act shall 
take effect on the date of enactment of this Act.

            Passed the House of Representatives August 1, 2011.

            Attest:

                                                                 Clerk.
112th CONGRESS

  1st Session

                               H. R. 2715

_______________________________________________________________________

                                 AN ACT

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