[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3691 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3691

      To reauthorize and improve the Consumer Product Safety Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2007

Ms. DeLauro (for herself, Ms. DeGette, Ms. Schakowsky, Ms. Sutton, Mr. 
 Allen, Mrs. McCarthy of New York, Mr. Hall of New York, Mr. Larson of 
Connecticut, and Mr. Courtney) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
      To reauthorize and improve the Consumer Product Safety Act.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Safety Assurance 
For Every Consumer Product Act'' or the ``SAFE Consumer Product Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Definition of children's product.
Sec. 4. Product testing requirements.
Sec. 5. Product recall authority, and inspection authority.
Sec. 6. Civil and criminal penalties.
Sec. 7. Expedited disclosure.
Sec. 8. Ban on children's products containing lead.
Sec. 9. Consumer product registration forms.
Sec. 10. Internet advertising requirement of certain children's 
                            products.
Sec. 11. Commission procedures.
Sec. 12. Preemption.
Sec. 13. Authorization of Appropriations.
Sec. 14. Reports to Congress.

SEC. 2. REFERENCES.

    Wherever in this Act an amendment is expressed in terms of an 
amendment to a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Consumer 
Product Safety Act (15 U.S.C. 2051 et seq.).

SEC. 3. DEFINITION OF CHILDREN'S PRODUCT.

    As used in this Act, the term ``children's product'' means a toy or 
other article intended for use by a child under 12 years of age that is 
introduced into the interstate stream of commerce. In determining 
whether a toy or article is intended for use by a child under 12 years 
of age, the following factors shall be considered:
            (1) A statement by a manufacturer about the intended use of 
        such toy or article, including a label on such toy or article, 
        if such statement is reasonable.
            (2) The context and manner of the advertising, promotion, 
        and marketing associated with the toy or article.
            (3) Whether the toy or article is commonly recognized by 
        consumers as being intended for use by a child under 12 years 
        of age.
            (4) The Age Determination Guidelines issued by the Consumer 
        Product Safety Commission in September 2002, and any subsequent 
        version of such Guidelines.

SEC. 4. PRODUCT TESTING REQUIREMENTS.

    (a) Mandatory and Third-Party Testing.--Section 14(b) (15 U.S.C. 
2063(b)) is amended--
            (1) by striking ``The Commission may'' and inserting ``(1) 
        The Commission shall'';
            (2) by designating the second sentence as paragraph (2) and 
        indenting the margin of such paragraph, as so designated, 2 ems 
        from the left margin;
            (3) in paragraph (2), as so designated, by striking ``Any 
        test or'' and inserting ``Except as provided in paragraph (3), 
        any test or''; and
            (4) by adding at the end the following:
            ``(3) In the case of a children's product, any test or 
        testing program on the basis of which a certificate is issued 
        under subsection (a)(2) shall be conducted by a nongovernmental 
        independent third party qualified to perform such tests or 
        testing programs.''.
    (b) Definition of Children's Products and Independent Third 
Party.--Section 14 (15 U.S.C. 2063) is amended by adding at the end the 
following:
    ``(d) Definitions.--In this section:
            ``(1) The term `children's product' means a toy or other 
        article intended for use by a child under 12 years of age that 
        is introduced into the interstate stream of commerce. In 
        determining whether a toy or article is intended for use by a 
        child under 12 years of age, the following factors shall be 
        considered:
                    ``(A) A statement by a manufacturer about the 
                intended use of such toy or article, including a label 
                on such toy or article, if such statement is 
                reasonable.
                    ``(B) The context and manner of the advertising, 
                promotion, and marketing associated with the toy or 
                article.
                    ``(C) Whether the toy or article is commonly 
                recognized by consumers as being intended for use by a 
                child under 12 years of age.
                    ``(D) The Age Determination Guidelines issued by 
                the Consumer Product Safety Commission in September 
                2002 and any subsequent version of such Guidelines.
            ``(2) The term `independent third party', with respect to a 
        testing entity, means an independent testing entity that is 
        physically separate from any manufacturer or private labeler 
        whose product will be tested by such entity, and is not owned, 
        managed, controlled, or directed by such manufacturer or 
        private labeler, and that is accredited in accordance with an 
        accreditation process established by the Commission.''.

SEC. 5. PRODUCT RECALL AUTHORITY, AND INSPECTION AUTHORITY.

    (a) Commission Recall Authority.--Section 15 (15 U.S.C. 2064) is 
amended--
            (1) by amending subsection (c) to read as follows:
    ``(c) On receiving notification under subsection (b) or by other 
means, if the Commission determines that a consumer product contains a 
defect which could create a substantial product hazard, the Commission 
may order the manufacturer or any distributor or retailer of the 
product to take any one or more of the following actions:
            ``(1) To cease distribution of the product.
            ``(2) To notify all persons that transport, store, 
        distribute, or otherwise handle the product, or to which the 
        product has been transported, sold, distributed, or otherwise 
        handled, to cease immediately distribution of the product.
            ``(3) To immediately provide notice to the public of the 
        product defect.
            ``(4) To notify appropriate State and local public health 
        officials.
            ``(5) To provide notice to all consumers to whom the 
        product was, or may have been, distributed.
            ``(6) To recall the product and take such further action 
        under subsection (d).'';
            (2) in subsection (d), by striking ``An order under this 
        subsection may also require'' and inserting ``An order under 
        this subsection shall also require'';
            (3) by amending subsection (f) to read as follows:
    ``(f)(1) The Commission shall provide a person subject to an order 
under subsection (c) with an opportunity for an informal hearing (in 
accordance with such rules or regulations as the Commission shall 
prescribe) on--
            ``(A) the actions required by the order; and
            ``(B) any reasons why the product that is the subject of 
        the order should not be recalled or notice required under such 
        order should not be provided.
The Commission shall hold such hearing as soon as practicable, but not 
later than 2 business days, after the date of issuance of the order 
under subsection (c).
    ``(2) After providing an opportunity for an informal hearing under 
this subsection, the Commission may, as the Commission determines to be 
necessary, amend the order issued under subsection (c)--
            ``(A) to specify a timetable during which the recall shall 
        occur; or
            ``(B) to require periodic reports to the Commission 
        describing the progress of the recall.
    ``(3) If, after providing an opportunity for an informal hearing 
under this subsection, the Commission determines that adequate grounds 
do not exist to continue the actions required by the order, the 
Commission shall vacate the order.''; and
            (4) by adding at the end the following:
    ``(h) Remedies Not Exclusive.--The remedies authorized by this 
section shall be in addition to any other remedies that may be 
available.''.
    (b) Retail Sale of Recalled Product Prohibited.--Section 19(a) (15 
U.S.C. 2068(a)) is amended--
            (1) in paragraph (7), by striking ``; or'' and inserting a 
        semicolon;
            (2) in paragraph (8), by striking ``; or'' and inserting a 
        semicolon;
            (3) in paragraph (9), by striking the period and inserting 
        a semicolon;
            (4) in paragraph (10), by striking the period and inserting 
        ``; or''; and
            (5) by adding at the end the following:
            ``(11) to sell any consumer product at retail if such 
        person knows that such product is the subject of a recall order 
        issued by the manufacturer, the Commission, or a court.''.
    (c) Authority of Commission To Inspect Retailers.--Section 16(a)(1) 
(15 U.S.C. 2065(a)(1)) is amended--
            (1) by inserting ``, retail store'' after ``warehouse''; 
        and
            (2) by striking ``or held'' and inserting ``held, or 
        sold''.
    (d) Tracking Labels for Children's Products.--Section 14 (15 U.S.C. 
2063) is further amended by adding at the end thereof the following:
    ``(e) The manufacturer of a children's product or other consumer 
product (as may be required by the Commission in its discretion after a 
rulemaking proceeding) shall place distinguishing marks on the product 
or its packaging that will enable the ultimate purchaser to ascertain 
the source, date, and cohort (including the batch, run number, or other 
identifying characteristic) of production of the product by reference 
to those marks.''.

SEC. 6. CIVIL AND CRIMINAL PENALTIES.

    (a) Civil Penalties.--
            (1) Maximum penalty determined by the commission.--Section 
        20(a)(1) (15 U.S.C. 2069(a)(1)) is amended by striking ``, 
        except that the maximum civil penalty shall not exceed 
        $1,250,000 for any related series of violations.'' and 
        inserting ``. The maximum civil penalty for any related series 
        of violations shall be determined by the Commission taking into 
        consideration the factors described in subsection (b).''.
            (2) Factors to be considered.--Section 20(b) (15 U.S.C. 
        2069(b)) is amended by inserting ``, among other factors,'' 
        after ``shall consider''.
    (b) Criminal Penalties.--Section 21 (15 U.S.C. 2070) is amended--
            (1) in subsection (a), by striking ``after having received 
        notice of noncompliance from the Commission''; and
            (2) in subsection (b), by striking ``and who has knowledge 
        of notice of noncompliance received by the corporation from the 
        Commission,''.

SEC. 7. EXPEDITED DISCLOSURE.

    (a) Reduced Period of Notice to Manufacturers and Private Labelers 
Prior to Public Disclosure.--Section 6(b) (15 U.S.C. 2055(b)) is 
amended in the first sentence, by striking ``30 days'' and inserting 
``10 days''.
    (b) Website Notice Requirement.--Section 15 (15 U.S.C. 2064) is 
further amended by adding at the end the following:
    ``(k) Website Notice.--Any person required to give public notice 
under this section, or subject to an order issued under subsection (c) 
or (d) shall post, in a prominent location on such person's Internet 
website (if such person maintains an Internet website), a notice 
regarding the product or product that is the subject of such an 
order.''.

SEC. 8. BAN ON CHILDREN'S PRODUCTS CONTAINING LEAD.

    (a) Banned Hazardous Substances.--Effective 6 months after the date 
of enactment of this Act, any children's product containing more than 
40 parts per million lead shall be a banned hazardous substance within 
the meaning of section 2(q)(1) of the Federal Hazardous Substances Act 
(15 U.S.C. 1261(q)(1)).
    (b) Certain Electronic Devices.--If the Consumer Product Safety 
Commission determines that it is not feasible for certain electronic 
devices to comply with such regulations at the time the regulations 
shall take effect, the Commission shall, by regulation--
            (1) issue standards to reduce the exposure of and 
        accessibility to lead in such electronic devices; and
            (2) establish a schedule by which such electronic devices 
        shall be in full compliance with the regulations prescribed 
        under subsection (a).

SEC. 9. CONSUMER PRODUCT REGISTRATION FORMS.

    (a) Authority To Require.--Not later than 270 days after the date 
of enactment of this Act, the Consumer Product Safety Commission shall, 
pursuant to its authority under section 16(b) of the Consumer Product 
Safety Act (15 U.S.C. 2065(b)), promulgate a consumer product safety 
rule to require manufacturers of any children's product that is subject 
to a consumer product safety standard or voluntary consumer product 
safety standard--
            (1) to provide consumers with a postage-paid consumer 
        registration form with each such product;
            (2) to maintain a record of the names, addresses, e-mail 
        addresses, and other contact information of consumers who 
        register their ownership of such products with the manufacturer 
        in order to improve the effectiveness of manufacturer campaigns 
        to recall such products; and
            (3) to permanently place the manufacturer name and contact 
        information, model name and number, and the date of manufacture 
        on each such product.
The Commission may, by rule, extend the registration requirement under 
this subsection to consumer products other than children's products 
that are subject to a consumer product safety rule or voluntary 
standard.
    (b) Requirements for Registration Form.--For any case in which the 
Commission requires product registration forms under subsection (a), 
such forms shall--
            (1) include spaces for a consumer to provide their name, 
        address, telephone number, and e-mail address;
            (2) include space sufficiently large to permit easy, 
        legible recording of all desired information;
            (3) be attached to the surface of each product so that, as 
        a practical matter, the consumer must notice and handle the 
        form after purchasing the product;
            (4) include the manufacturer's name, model name and number 
        for the product, and the date of manufacture;
            (5) include a message explaining the purpose of the 
        registration and designed to encourage consumers to complete 
        the registration;
            (6) include an option for consumers to register through the 
        Internet; and
            (7) include a statement that information provided by the 
        consumer shall not be used for any purpose other than to 
        facilitate a recall of or safety alert regarding that product.
In issuing regulations under this section, the Commission may prescribe 
the exact text and format of the required registration form.
    (c) Record Keeping and Notification Requirements.--Any rule 
promulgated under subsection (a) shall require each manufacturer to 
maintain a record of registrants for each product manufactured that 
includes all of the information provided by each consumer registered, 
and to use such information to notify such consumers in the event of a 
voluntary or involuntary recall of or safety alert regarding such 
product. Each manufacturer shall maintain such a record for a period of 
not less than 6 years after the date of manufacture of the product. 
Consumer information collected by a manufacturer under this Act may not 
be used by the manufacturer, nor disseminated by such manufacturer to 
any other party, for any purpose other than notification to such 
consumer in the event of a product recall or safety alert.
    (d) Study.--The Commission shall conduct a study at such time as it 
considers appropriate on the effectiveness of the consumer registration 
forms in facilitating product recalls. Not later than 4 years after the 
date of enactment of this Act, the Commission shall report its findings 
to Congress.

SEC. 10. INTERNET ADVERTISING REQUIREMENT OF CERTAIN CHILDREN'S 
              PRODUCTS.

    (a) Requirement.--Effective 3 months after the date of enactment of 
this Act, any Internet advertisement for a children's product that is 
required by a consumer product safety rule to carry a warning label 
shall include such warning label in a clear and conspicuous location on 
such Internet advertisement.
    (b) Enforcement as Consumer Product Safety Rule.--A violation of 
subsection (a) shall be treated as a violation of a consumer product 
safety rule promulgated under section 7 of the Consumer Product Safety 
Act (15 U.S.C. 2056).

SEC. 11. COMMISSION PROCEDURES.

    (a) Repeal of Quorum Requirement for Commission Action.--Section 
4(d) (15 U.S.C. 2053(d)) is amended by striking ``, but three'' and all 
that follows through ``to decline to two'' and inserting ``if an action 
by the Commission is necessary in the public interest and the 
Commission transmits to Congress its reasons for such an action''.
    (b) Notice of Rulemaking.--Section 9(a) (15 U.S.C. 2058(a)) is 
amended by inserting ``or notice of proposed rulemaking'' after 
``advanced notice of proposed rulemaking''.
    (c) Sense of Congress Regarding Commission Vacancies.--It is the 
sense of Congress that--
            (1) in order for the Consumer Product Safety Commission to 
        function effectively and carry out the purposes for which the 
        Consumer Product Safety Act was enacted, it is necessary for 
        the full complement of 5 members of the Commission to serve and 
        participate in the business of the Commission; and
            (2) the President should nominate members to fill any 
        vacancy in the membership of the Commission as expeditiously as 
        practicable.

SEC. 12. PREEMPTION.

    Section 26 (15 U.S.C. 2075) is amended--
            (1) in subsection (a), by striking ``Whenever'' and 
        inserting ``Except as provided in subsections (c) and (d), 
        whenever''; and
            (2) by adding at the end thereof the following:
    ``(d) No consumer product safety standard promulgated by the 
Commission after the date of enactment of the Safety Assurance for 
Every Consumer Product Act, or any other action taken by the Commission 
after that date, shall contain a preemption provision which affects any 
action for damages or the liability of any person for damages under the 
statutory law or the common law of any State, unless such provision is 
expressly authorized by statute.''.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    Section 32(a) (15 U.S.C. 2081(a)) is amended by striking paragraphs 
(1) and (2) and inserting the following:
            ``(1) $75,600,000 for fiscal year 2008;
            ``(2) $87,950,000 for fiscal year 2009;
            ``(3) $100,300,000 for fiscal year 2010;
            ``(4) $112,650,000 for fiscal year 2011; and
            ``(5) $125,000,000 for fiscal year 2012.''.

SEC. 14. REPORTS TO CONGRESS.

    Not later than 1 year after the date of enactment of this Act and 
each year thereafter, the Consumer Product Safety Commission shall 
transmit a report to Congress that contains the following:
            (1) A description of actions taken by the Commission with 
        regard to consumer products not in conformity with consumer 
        product safety standards or voluntary standards recognized by 
        the Commission.
            (2) A description of consumer products that were the 
        subject of a recall during the preceding year, including the 
        number and type of products.
            (3) An analysis of the effectiveness of the efforts to 
        recall consumer products conducted by the Commission or by a 
        manufacturer during the preceding year, including the number of 
        products subject to the recall that were returned to the 
        manufacturer.
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