Text: H.R.2715 — 112th Congress (2011-2012)All Information (Except Text)

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Public Law No: 112-28 (08/12/2011)

 
[112th Congress Public Law 28]
[From the U.S. Government Printing Office]



[[Page 125 STAT. 273]]

Public Law 112-28
112th Congress

                                 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. <<NOTE: Aug. 12, 2011 -  [H.R. 2715]>> 

    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 <<NOTE: Notice.>> 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.

[[Page 125 STAT. 274]]

                    ``(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

[[Page 125 STAT. 275]]

                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 <<NOTE: Applicability. Effective date.>> 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

[[Page 125 STAT. 276]]

                          ``(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 <<NOTE: Deadline. Public 
                comment.>> 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.

[[Page 125 STAT. 277]]

                    ``(B) Regulations.--
                Following <<NOTE: Deadline.>> 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 <<NOTE: Recommenda- tions.>> 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.

[[Page 125 STAT. 278]]

                          ``(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.

[[Page 125 STAT. 279]]

            ``(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 <<NOTE: Records.>> 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

[[Page 125 STAT. 280]]

                copy of the consumer product safety standard to the 
                organization.
                    ``(B) Commission action on revised voluntary 
                standard.--If an <<NOTE: Deadlines.>> 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. <<NOTE: Determination. Deadline.>> 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 <<NOTE: Effective date.>> 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

[[Page 125 STAT. 281]]

        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 <<NOTE: Deadline.>> 1 year after the date of enactment of 
        this subsection, the Commission shall--
                    ``(A) <<NOTE: Regulations.>> 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) <<NOTE: Guidelines.>> 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) <<NOTE: Determination.>>  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) <<NOTE: Regulation.>> 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,

[[Page 125 STAT. 282]]

        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 <<NOTE: Deadline. Public 
                information.>> 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. <<NOTE: 15 USC 2089 note.>> 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.

[[Page 125 STAT. 283]]

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. <<NOTE: 15 USC 1278a note.>> EFFECTIVE DATE.

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

    Approved August 12, 2011.

LEGISLATIVE HISTORY--H.R. 2715:
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CONGRESSIONAL RECORD, Vol. 157 (2011):
            Aug. 1, considered and passed House and Senate.

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