Enhancing CPSC Authority and Discretion Act of 2011 - Amends the Consumer Product Safety Improvement Act of 2008 to revise the limit on lead content in children's products by: (1) delaying by one year the step-down of the lead limit, (2) limiting application of the most stringent lead limit to children's products that are designed or intended primarily for use by a child six years old or younger and that can be placed in a child's mouth, and (3) applying lead limits only to products manufactured after the effective date of such limits.
Requires the Consumer Product Safety Commission (CPSC) to grant an exception from lead limits for a specific product, material, or component part under specified circumstances. Applies an alternative lead limit to certain metal component parts in children's products. Exempts from lead limits: (1) battery terminals in children's products intended primarily for outdoor recreational use, and (2) certain used children's products.
Amends the Consumer Product Safety Act to prohibit the CPSC from requiring third party testing of children's products until the CPSC meets specified conditions, including making a determination that the benefits of testing justify the costs.
Establishes an exemption from crib safety standards for child care facilities using certain fixed-side cribs.
Applies limits on phthalates in children's toys or child care articles only to any accessible, plasticized component part of a children's toy or child care article. Authorizes the CPSC to exempt toys or articles from such limit if compliance is not necessary to protect children's health. Terminates interim phthalates limits unless the CPSC meets certain rulemaking deadlines.
Authorizes the CPSC to: (1) exclude a product or class of products from requirements that manufacturers of children's products place identifying marks on their products if it is not practicable for such products to bear such marks, and (2) establish alternative requirements for identification of such products.
Revises provisions concerning the publicly available consumer product safety information database, including by limiting who can submit reports for inclusion in the database.
[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>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
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