[House Report 110-366]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-366

======================================================================



 
           DANNY KEYSAR CHILD PRODUCT SAFETY NOTIFICATION ACT

                                _______
                                

October 9, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Dingell, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1699]

  The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 1699) to direct the Consumer Product Safety 
Commission to require certain manufacturers to provide consumer 
product registration forms to facilitate recalls of durable 
infant and toddler products, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     1
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     5
Committee Oversight Findings.....................................     5
Statement of General Performance Goals and Objectives............     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     5
Earmarks and Tax and Tariff Benefits.............................     5
Committee Cost Estimate..........................................     5
Congressional Budget Office Estimate.............................     5
Federal Mandates Statement.......................................     6
Advisory Committee Statement.....................................     6
Constitutional Authority Statement...............................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7

                               AMENDMENT

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Danny Keysar Child Product Safety 
Notification Act''.

SEC. 2. FINDINGS.

  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 1,250 are 
        treated by emergency departments for such injuries that are 
        nonfatal.
          (2) According to the Consumer Product Safety Commission, an 
        average of 50 children under the age of 5 die each year in 
        incidents associated with nursery products, and about 16 of 
        these deaths each year are associated with cribs.
          (3) In 2003, an estimated 60,700 children under the age of 5 
        were treated in United States hospital emergency rooms for 
        injuries associated with nursery products, and there were 
        10,700 injuries to children under the age of 5 years associated 
        with strollers alone.
          (4) Of the 397 recalls issued by the Consumer Product Safety 
        Commission in fiscal year 2005, 109 (or 27 percent) were 
        children's products. Children's products were recalled, on 
        average, over 2 times per week, and accounted for 19,635,627 
        individual units.

SEC. 3. 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) shall include--
                          (i) full-size cribs and nonfull-size cribs;
                          (ii) toddler beds;
                          (iii) high chairs, booster chairs, and hook-
                        on chairs;
                          (iv) bath seats;
                          (v) gates and other enclosures for confining 
                        a child;
                          (vi) play yards;
                          (vii) stationary activity centers;
                          (viii) infant carriers;
                          (ix) strollers;
                          (x) walkers;
                          (xi) swings; and
                          (xii) bassinets and cradles.

SEC. 4. CONSUMER PRODUCT REGISTRATION FORMS.

  (a) Rulemaking.--Not later than 1 year after the date of enactment of 
this Act, the Commission shall, pursuant to its authority under section 
16(b) of the Consumer Product Safety Act (15 U.S.C. 2065(b)), 
promulgate a final consumer product safety rule to require 
manufacturers of durable infant or toddler products--
          (1) to provide consumers with a postage-paid consumer 
        registration form with each such product;
          (2) to maintain a record of the names, addresses, email 
        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 durable infant or toddler product.
  (b) Requirements for Registration Form.--The registration form 
required to be provided to consumers under subsection (a) shall--
          (1) include spaces for a consumer to provide their name, 
        address, telephone number, and email address;
          (2) include space sufficiently large to permit easy, legible 
        recording of all desired information;
          (3) be attached to the surface of each durable infant or 
        toddler 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.--The standard 
required under this section shall require each manufacturer of a 
durable infant or toddler product 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.

                          PURPOSE AND SUMMARY

    The purpose of H.R. 1699, the Danny Keysar Child Product 
Safety Notification Act, is to improve the effectiveness of 
certain unsafe-product recall actions, which currently rely 
heavily on the media and do not provide direct notice to 
consumers. H.R. 1699 requires the Consumer Product Safety 
Commission (CPSC) to promulgate a rule requiring manufacturers 
of a defined list of 12 durable infant and toddler products 
(including cribs, high chairs, bath seats, play yards, 
strollers, walkers, and swings) to: (1) provide postage-paid, 
privacy-protected registration cards with each product for 
consumer registration by mail or via the Internet; (2) maintain 
a database of consumer-provided contact information; and (3) 
permanently place manufacturer contact and model information on 
each product sold. H.R. 1699 also requires the CPSC to conduct 
a study and report to Congress within four years on the 
effectiveness of the registration forms in facilitating 
recalls.

                  BACKGROUND AND NEED FOR LEGISLATION

    Accidental injury or death of babies and toddlers may 
result from the use of unsafe nursery products. According to 
the CPSC, 48 children died in the United States in Fiscal Year 
2001 in incidents associated with nursery products. Incidents 
involving these products are especially tragic because parents 
employ products such as cribs, playpens, and high chairs for 
the express purpose of restricting a child's movement to keep 
them safe.
    When manufacturers, retailers, or regulators learn of a 
dangerous defect, it is critical to disseminate this 
information as quickly as possible. Parents need to know about 
defects and product recalls so they can stop using the product 
immediately and pursue the appropriate corrective action, 
including repair, return, or destruction of the defective 
product. Children have died when parents unknowingly continued 
to use a nursery product had been identified as unsafe. One 
tragic case involved Danny Keysar, a 16-month-old child who 
died from strangulation when the portable crib in which he was 
napping collapsed. The crib had been recalled five years 
earlier for the very defect that led to the collapse, but 
Danny's parents and caregiver were unaware of the recall.
    This legislation is intended to increase the effectiveness 
of recalls of durable nursery products. Current recall efforts 
rely heavily on the media to convey the information provided in 
CPSC press releases to consumers who own defective products. 
Although it is difficult to measure recall effectiveness, the 
most recent CPSC statistics (for Fiscal Year 1997) on recall 
return rates were 16 percent, down from 18 percent the previous 
year. The Committee notes that measuring recall effectiveness 
using only recall return rates does not yield a complete 
picture.
    To the extent consumers register the products purchased, 
this legislation adds a layer of direct consumer notification 
to the current recall notification process. Manufacturers must 
provide parents with registration cards to complete with name, 
address, telephone, and e-mail information. In the event of a 
voluntary or involuntary recall, manufacturers must contact 
consumers directly using the consumer-provided information. 
This proposed notification system is modeled after the National 
Highway Transportation Safety Administration recall system used 
since 1993 for the recall of children's car seats, another 
durable product used for keeping small children safe. Since use 
of registration cards began, the repair rate for recalled car 
seats has increased from 14 percent to 22 percent, a 56 percent 
increase. The system required by this legislation permits 
Internet registration, in addition to or as an alternative to 
mail registration, in an effort to encourage consumer 
registration further.

                                HEARINGS

    The Subcommittee on Commerce, Trade, and Consumer 
Protection held an oversight hearing on Tuesday, May 15, 2007, 
entitled ``Protecting Our Children: Current Issues in Consumer 
Product Safety,'' which examined the performance of the CPSC in 
safeguarding children from hazardous products. The Subcommittee 
received testimony from the Honorable Nancy A. Nord, Acting 
CPSC Chairman; Mr. Alan Korn, Public Policy Director and 
General Counsel, Safe Kids Worldwide; Ms. Rachel Weintraub, 
Director of Product Safety and Senior Counsel, Consumer 
Federation of America; Mr. Frederick Locker, General Counsel, 
Toy Industry Association; Dr. Marla Felcher, Adjunct Lecturer, 
Kennedy School of Government, Harvard University; Mr. James A. 
Thomas, President, ASTM International; and Ms. Nancy A. Cowles, 
Executive Director, Kids in Danger.
    The Subcommittee held a legislative hearing on Wednesday, 
June 6, 2007, entitled ``Legislation to Improve Consumer 
Product Safety for Children: H.R. 2474, H.R. 1699, H.R. 814, 
and H.R. 1721.'' The Subcommittee received testimony from Mr. 
Edmund Mierzwinski, Consumer Program Director, United States 
Public Interest Research Group and Ms. Sally Greenberg, Senior 
Product Safety Counsel, Consumers Union.

                        COMMITTEE CONSIDERATION

    On Tuesday, July 31, 2007, the Subcommittee on Commerce, 
Trade and Consumer Protection met in open markup session and 
favorably forwarded H.R. 1699, amended, to the full Committee 
for consideration, by a voice vote. On Tuesday, September 25, 
2007, the full Committee met in open markup session and ordered 
H.R. 1699 favorably reported to the House, as amended, by a 
voice vote, a quorum being present. No amendments were offered 
during full Committee consideration.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto. There were no recorded votes taken during 
consideration of H.R. 1699 or in ordering the bill reported. A 
motion by Mr. Dingell to order H.R. 1699 favorably reported to 
the House, as amended, was agreed to by a voice vote.

                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the oversight findings of the 
Committee are reflected in this report.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    The purpose of the legislation is to enhance the protection 
of consumers, particularly children, by improving recalls of 
unsafe durable infant and toddler products.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Regarding compliance with clause 3(c)(2) of rule XIII of 
the Rules of the House of Representatives, the Committee finds 
that H.R. 1699 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  EARMARKS AND TAX AND TARIFF BENEFITS

    Regarding compliance with clause 9 of rule XXI of the Rules 
of the House of Representatives, H.R. 1699 does not contain any 
Congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.

                        COMMITTEE COST ESTIMATE

    The Committee will adopt as its own the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Regarding clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, a cost estimate on H.R. 1699 by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available as of the 
time of the filing of this report by the Committee.

                       FEDERAL MANDATES STATEMENT

    The Committee will adopt as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    Section 1 establishes the short title of the bill as the 
``Danny Keysar Child Product Safety Notification Act.''

Sec. 2. Findings

    Section 2 sets forth findings and statistics related to 
childhood accidents, including accidents and deaths involving 
nursery products. It also provides statistics on recalls of 
nursery products.

Sec. 3. Definitions

    Section 3 defines terms used in this legislation. The 
``Commission'' means the Consumer Product Safety Commission. 
``Durable infant or toddler product'' means a durable product 
intended for use by, or reasonably expected to be used by, 
children under the age of 5 years. The definition specifically 
includes 12 enumerated products:
           full-size or non-full-size cribs
           toddler beds
           high chairs, booster chairs, or hook-on 
        chairs
           bath seats
           gates and other enclosures for confining a 
        child
           play yards
           stationary activity centers
           infant carriers
           strollers
           walkers
           swings
           bassinets and cradles.

Sec. 4. Consumer product registration forms

    Section 4(a) mandates that the CPSC promulgate a final 
product safety rule pursuant to section 16(b) of the Consumer 
Product Safety Act (15 U.S.C. 2065(b)) on recordkeeping 
requirements to enhance the effectiveness of recalls. The rule 
promulgated by the CPSC must require manufacturers of durable 
infant or toddler products to:
           Provide a postage-paid registration form 
        with each product;
           Maintain a record of the names, addresses, 
        email addresses, and other contact information for the 
        consumers who register their ownership of the products; 
        and
           Place permanently on each product the 
        manufacturer name and contact information, model name 
        and number, and the date of manufacture.
    Section 4(b) specifies the requirements for the 
registration cards. The card must include the manufacturer's 
name, the model name and number of the product, and space for 
the consumer to provide name, mailing address, telephone 
number, and email address. The space provided for recording 
this information must be sufficiently large to permit easy, 
legible writing. The card also must provide an option for 
consumers to register through the Internet. The cards must be 
attached to the product in an obvious place and include a 
statement of the purpose--to aid in recalls--to encourage 
consumers to complete the registration process. Finally, the 
cards must include a statement that the information that the 
consumer provides will not be used for any other purpose except 
to facilitate a recall or safety alert involving the specific 
product.
    Section 4(c) requires manufacturers to maintain, for a 
period of 6 years after the date of manufacture of a product, a 
record of all information provided by registrants of that 
product, and to use the information to notify registrants in 
the event of a voluntary or involuntary recall or a safety 
alert. Maintaining an on-going business relationship with 
consumers through marketing and other uses of information has 
shown to be an effective way to keep up-to-date contact 
information. Manufacturers may not, however, use the 
information provided on registration cards--nor disseminate it 
to any other party--for any other purpose than to alert 
consumers to recalls and product alerts.
    Section 4(d) requires the CPSC, no later than 4 years after 
the date of enactment of this legislation, to conduct a study 
on the effectiveness of the registration cards and to report 
its findings to Congress.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation does not amend any existing Federal 
statute.

                                  
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