[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2911 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2911

   To direct the Consumer Product Safety Commission to promulgate a 
  consumer product safety standard under section 7(a) of the Consumer 
Product Safety Act for each durable infant or toddler product, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2003

 Ms. Schakowsky (for herself, Ms. DeLauro, Mr. Davis of Illinois, Mr. 
Owens, Mr. Emanuel, Mrs. Davis of California, Mr. Lynch, Mr. Payne, Ms. 
Norton, Mr. Schiff, Mr. Ross, Mr. Baird, Ms. Carson of Indiana, and Mr. 
Moran of Virginia) introduced the following bill; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To direct the Consumer Product Safety Commission to promulgate a 
  consumer product safety standard under section 7(a) of the Consumer 
Product Safety Act for each durable infant or toddler product, 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 ``Infant and Toddler Durable Product 
Safety Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Unintentional injuries are the leading cause of death 
        among children, and for every such injury that is fatal, 
        approximately 18 children are hospitalized and 233 are treated 
        by emergency departments for such injuries that are nonfatal.
            (2) According to the Consumer Product Safety Commission, an 
        average of 65 children under the age of 5 die each year in 
        incidents associated with nursery products, and about 27 of 
        these deaths each year are associated with cribs.
            (3) In 2001, an estimated 69,500 children under the age of 
        5 were treated in United States hospital emergency rooms for 
        injuries associated with nursery products, and there were 
        13,070 injuries to children under the age of 5 years associated 
        with strollers alone.
            (4) Of the 210 recalls issued by the Consumer Product 
        Safety Commission in 2002, 90 (or 43 percent) were children's 
        products. Children's products were recalled, on average, nearly 
        2 times per week, and accounted for over 11,000,000 individual 
        units.

SEC. 3. PURPOSE.

    The purpose of this Act is to prevent dangerous children's products 
from getting to the market, by requiring independent testing of all 
durable infant and toddler products before they enter commerce.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (2) Durable infant or toddler product.--The term ``durable 
        infant or toddler product''--
                    (A) means a durable product intended for use, or 
                that may be reasonably expected to be used, by children 
                under the age of 5 years; and
                    (B) includes--
                            (i) full-size cribs and nonfull-size cribs;
                            (ii) toddler beds;
                            (iii) car seats;
                            (iv) high chairs, booster chairs, and hook-
                        on chair;
                            (v) bath seats;
                            (vi) gates and other enclosures for 
                        confining a child;
                            (vii) play yards;
                            (viii) stationary activity centers;
                            (ix) child carriers;
                            (x) strollers;
                            (xi) walkers;
                            (xii) swings; and
                            (xiii) bassinets and cradles.
            (3) Panel.--The term ``Panel'' means the Infant and Toddler 
        Product Review Panel established under section 7.

SEC. 5. CONSUMER PRODUCT SAFETY STANDARDS FOR DURABLE INFANT AND 
              TODDLER PRODUCTS.

    (a) In General.--The Consumer Products Safety Commission shall, 
without regard to sections 7(b)(1) and 9(f)(3)(D) of the Consumer 
Product Safety Act (15 U.S.C. 2056(b)(1), 2058(f)(3)(D)), promulgate a 
consumer product safety standard under section 7(a) of the Consumer 
Product Safety Act (15 U.S.C. 2056(a)) for each durable infant or 
toddler product.
    (b) Schedule.--The Commission shall promulgate consumer product 
safety standards under this section--
            (1) for at least 7 durable infant or toddler products every 
        2 calendar years beginning after the date of the enactment of 
        this Act, through 2010; and
            (2) for all durable infant or toddler products by not later 
        than December 31, 2010.
    (c) Consultation With Panel.--The Commission shall promulgate any 
consumer product safety standard under this section for a durable 
infant or toddler product--
            (1) in consultation with the Panel; and
            (2) after considering the results of a review by such panel 
        of any existing guidelines for that product.

SEC. 6. DURABLE INFANT AND TODDLER PRODUCT COMPLIANCE CERTIFICATION.

    (a) In General.--The Commission shall by rule--
            (1) require that testing and certification required under 
        section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) 
        for a durable infant or toddler product shall be performed by 
        an independent third party; and
            (2) require the use, and prescribe the form and content, of 
        a label under section 14(c) for such products for which such a 
        certificate is issued, including a seal prescribed under 
        subsection (b).
    (b) Consultation With Panel.--The Commission shall delegate to the 
Panel the authority to prescribe a seal that shall be used, under the 
labeling requirements under subsection (a)(2), for infant or toddler 
products that are certified pursuant to section 14(a) of the Consumer 
Product Safety Act (15 U.S.C. 2063(a)(2)) to comply with applicable 
consumer product safety standards promulgated under this Act.

SEC. 7. INFANT AND TODDLER PRODUCT REVIEW PANEL.

    (a) Establishment.--The Commission shall establish an Infant and 
Toddler Product Review Panel to advise the Commission regarding the 
implementation of this Act.
    (b) Functions.--The Panel shall--
            (1) review and report to the Commission regarding the 
        existing guidelines for durable infant or toddler products; and
            (2) advise the Commission regarding the promulgation of 
        consumer product safety standards under this Act.
    (c) Membership.--
            (1) In general.--The Panel shall be comprised of--
                    (A) representatives of--
                            (i) the juvenile product manufacturers 
                        industry;
                            (ii) consumer groups; and
                            (iii) independent child product engineers 
                        and experts; and
                    (B) Consumer Product Safety Commission engineers.
            (2) Limitation.--Representatives under paragraph (1)(A)(i) 
        shall not exceed 40 percent of the membership of the Panel.

SEC. 8. AMENDMENTS TO CONSUMER PRODUCT SAFETY ACT.

    (a) Removal of Limitation on Maximum Civil Penalty.--Section 20(a) 
of the Consumer Product Safety Act (15 U.S.C. 2069(a)) is amended--
            (1) in the second sentence by striking ``Subject to 
        paragraph (2),'' and inserting ``Subject to paragraphs (2) and 
        (3),''; and
            (2) by adding at the end the following:
    ``(4) The second sentence of paragraph (1) shall not apply to any 
violation with respect to a durable infant or toddler product.''.
    (b) Requirements Regarding Disclosure of Information Not 
Applicable.--Section 6(b) of the Consumer Product Safety Act (15 U.S.C. 
2055(b)) is amended by adding at the end the following:
    ``(9) This subsection shall not apply with respect to any durable 
infant or toddler product.''.
    (c) Definition of Durable Infant or Toddler Product.--Section 3(a) 
of the Consumer Product Safety Act (15 U.S.C. 2052(a)) is amended by 
adding at the end the following:
            ``(15) The term `durable infant or toddler product' has the 
        meaning that term has in the Infant and Toddler Product Safety 
        Act.''.
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