[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 238 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 238

 To require the Consumer Product Safety Commission to issue a consumer 
product safety standard for portable electric heating devices, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 2, 2023

 Mr. Blumenthal (for himself and Mr. Schumer) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To require the Consumer Product Safety Commission to issue a consumer 
product safety standard for portable electric heating devices, 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 ``Safer Heat Act of 2023''.

SEC. 2. CONSUMER PRODUCT SAFETY STANDARD FOR PORTABLE HEATING DEVICES.

    (a) Consumer Product Safety Standard Required.--The Consumer 
Product Safety Commission shall--
            (1) in consultation with representatives of consumer 
        groups, portable heating device product manufacturers, and 
        independent engineers and experts and fire safety experts, 
        examine and assess the effectiveness of any voluntary consumer 
        product safety standard for portable heating devices; and
            (2) in accordance with section 553 of title 5, United 
        States Code, promulgate a consumer product safety standard that 
        includes, at a minimum, a requirement that the portable heating 
        device shut off at threshold determined hazardous by the 
        Commission, and that--
                    (A) is substantially the same as such voluntary 
                standard; or
                    (B) is more stringent than such voluntary standard, 
                if the Commission determines that a more stringent 
                standard would further reduce the risk of injury 
                associated with such device.
    (b) Treatment of Standard.--A consumer product safety standard 
promulgated under subsection (a) shall be treated as a consumer product 
safety rule promulgated under section 9 of the Consumer Product Safety 
Act (15 U.S.C. 2058).
    (c) Additional Rulemaking.--After promulgating the standard 
required pursuant to subsection (a), the Commission may, in accordance 
with section 553 of title 5, United States Code, periodically review 
and revise the standard to ensure the standard provides the highest 
level of safety for portable heating devices that is feasible.
    (d) Judicial Review.--Any person adversely affected by a standard 
promulgated or revised under this section may file a petition for 
review under the procedures set forth in section 11(g) of the Consumer 
Product Safety Act (15 U.S.C. 2060(g)).
    (e) Revisions to Voluntary Standard.--
            (1) Notice of adoption.--Not later than 60 days after the 
        date on which the Commission promulgates a consumer product 
        safety standard under this section 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 standard and shall provide a copy of the Commission 
        standard to the organization.
            (2) Commission action on revised voluntary standard.--
                    (A) Notification by standards organization.--Not 
                later than 60 days after the date on which an 
                organization revises a standard that has been adopted, 
                in whole or in part, as a consumer product safety 
                standard under this section, the organization shall 
                notify the Commission of such revision.
                    (B) Adoption or rejection of revised standard.--A 
                revised voluntary standard described under subparagraph 
                (A) shall be treated as a consumer product safety 
                standard promulgated 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 the date on which the notice is received, 
                the Commission notifies the organization that the 
                Commission has determined that the revised voluntary 
                standard does not improve the safety of the consumer 
                product covered by the standard and that the Commission 
                will not adopt that standard.
    (f) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (2) Portable heating device.--The term ``portable heating 
        device'' shall have the meaning given such term by the 
        Commission.
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