[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3716 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3716

To amend the Consumer Product Safety Act to require independent safety 
certification of children's products, to increase the Consumer Product 
Safety Commission's inspection capability for imported products, and to 
 prohibit hazardous imports based on manufacturing site, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 2007

Mr. Walsh of New York introduced the following bill; which was referred 
                to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Consumer Product Safety Act to require independent safety 
certification of children's products, to increase the Consumer Product 
Safety Commission's inspection capability for imported products, and to 
 prohibit hazardous imports based on manufacturing site, 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 ``Safe Toys for Kids Act''.

SEC. 2. PURPOSE.

     The purpose of this Act and the amendments made by this Act is to 
prevent the introduction of dangerous toys and other products used by 
children into the marketplace by requiring independent third-party 
testing and certification that toys and other products intended for use 
by children comply with consumer product safety standards and rules 
before they enter the interstate stream of commerce.

SEC. 3. CERTIFICATION OF COMPLIANCE OF CHILDREN'S PRODUCTS WITH 
              CONSUMER PRODUCT SAFETY RULES.

    (a) Expansion of Certification Requirement.--Subsection (a) of 
section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) is 
amended--
            (1) by redesignating paragraph (2) as paragraph (5);
            (2) in paragraph (1)--
                    (A) by striking ``Every manufacturer'' and 
                inserting ``Except as provided in paragraph (2), every 
                manufacturer''; and
                    (B) by designating the second and third sentences 
                as paragraphs (3) and (4), respectively, and indenting 
                the margin of such paragraphs, as so designated, 2 ems 
                from the left margin;
            (3) by inserting after paragraph (1) the following:
            ``(2) Every manufacturer of a children's product (and the 
        private labeler of such product if it bears a private label) 
        which is subject to a consumer product safety standard under 
        this Act or a rule under this or any other Act administered by 
        the Commission declaring a consumer product a banned hazardous 
        product shall issue a certificate which shall certify that such 
        product conforms to such consumer product safety standard or is 
        not a banned hazardous product under such rule, and shall 
        specify such consumer product safety standard or such rule.'';
            (4) in paragraph (3), as redesignated by paragraph (2)(B), 
        by striking ``Such certificate shall'' and inserting ``A 
        certificate required under this subsection shall''; and
            (5) in paragraph (5), as redesignated by paragraph (1)--
                    (A) by striking ``required by paragraph (1) of this 
                subsection'' and inserting ``required by paragraph (1) 
                or (2) (as the case may be)''; and
                    (B) by striking ``requirement under paragraph (1)'' 
                and inserting ``requirement under paragraph (1) or (2) 
                (as the case may be)''.
    (b) Third-Party Certification Required.--Subsection 14(b) of the 
Consumer Product Safety Act (15 U.S.C. 2063(b)) is amended--
            (1) by striking ``The Commission may'' and inserting ``(1) 
        The Commission may'';
            (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.''.
    (c) Definition of Children's Products and Independent Third 
Party.--Section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) 
is amended by adding at the end the following:
    ``(d) Definitions.--In this section:
            ``(1) Children's product.--The term `children's product' 
        means a toy or other article intended for use by a child under 
        60 months 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 60 months 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 60 months of age.
                    ``(D) The Age Determination Guideline issued by the 
                Consumer Product Safety Commission in September 2002 
                and any subsequent version of such Guideline.
            ``(2) Independent third party.--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.''.
    (d) Label and Certification.--Not later than 180 days after the 
date of the enactment of this Act, the Consumer Product Safety 
Commission shall prescribe a rule in accordance with subsection (c) of 
section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) for 
children's products described in subsection (d)(1) of such section, as 
added by subsection (c) of this section.
    (e) Website Listing of Certified Products.--The Consumer Product 
Safety Commission shall post and maintain current in a clear and 
conspicuous location on its Internet website a list of all children's 
products for which certificates have been issued under section 14(a)(2) 
of the Consumer Product Safety Act (15 U.S.C. 2063).

SEC. 4. PROHIBITION ON IMPORTS OF CHILDREN'S PRODUCTS WITHOUT THIRD-
              PARTY TESTING CERTIFICATION.

     Section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066) 
is amended--
            (1) in paragraph (4), by striking ``or'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting a semicolon and ``or''; and
            (3) by adding at the end the following:
            ``(6) is a children's product, as that term is defined in 
        section 14(d), that is not accompanied by a certificate from a 
        third-party verification entity required by section 
        14(a)(2).''.

SEC. 5. PROHIBITED IMPORTS BASED ON MANUFACTURING SITE.

    Section 17 of the Consumer Product Safety Commission (15 U.S.C. 
2066) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (4), by striking ``or'';
                    (B) in paragraph (5), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(6) is a product that was manufactured in a facility that 
        the Commission has designated under subsection (i) a `banned 
        manufacturing site'.''; and
            (2) by adding at the end the following:
    ``(i)(1) The Commission may, by rule, designate as a banned 
manufacturing site any factory, warehouse, or other facility in which 
consumer products are manufactured, if the Commission determines--
                    ``(A) such factory, warehouse, or other facility 
                has regularly produced consumer products which fail to 
                comply with any applicable consumer product safety 
                standard; or
                    ``(B) upon inspection by the Commission, that such 
                factory, warehouse, or other facility engages in acts 
                or practices which are likely to result in the 
                production of imminently hazardous consumer products.
    ``(2) The designation under paragraph (1) shall be for such period 
of time as the Commission shall determine.
    ``(3) The Commission shall post in a clear and conspicuous location 
on its Internet website--
            ``(A) the names and location of each factory, warehouse, or 
        other facility that the Commission designates a banned 
        manufacturing site; and
            ``(B) the names of all products produced at each factory, 
        warehouse, or other facility.''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR CPSC.

    (a) Authorization of Appropriations.--Section 32(a) of the Consumer 
Product Safety Commission (15 U.S.C. 2081(a)) is amended by striking 
``, not to exceed'' and all that follows through paragraph (2) and 
inserting ``such sums as may be necessary''.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Consumer Product Safety Commission should have at 
        least 1 full-time inspector at each port of entry to the United 
        States;
            (2) that such inspectors should work closely with Customs 
        officials and other Federal officials who monitor imported 
        products; and
            (3) that sufficient amounts should be appropriated to the 
        Commission to enable the Commission to increase the number of 
        full time inspectors to at least 340.
                                 <all>