I 

118TH CONGRESS 

1ST SESSION H. R. 823 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2023 

Mr. TORRES of New York (for himself and Ms. CLARKE of New York) introduced the following bill; which was referred to the Committee on Energy 

and Commerce 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safer Heat Act of 

5 2023’’. 


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1 SEC. 2. CONSUMER PRODUCT SAFETY STANDARD FOR 

2 PORTABLE HEATING DEVICES. 

3 (a) CONSUMER PRODUCT SAFETY STANDARD RE4 QUIRED.—The Consumer Product Safety Commission 

5 shall— 

6 (1) in consultation with representatives of con7 sumer groups, portable heating device product man8 ufacturers, and independent engineers and experts 

9 and fire safety experts, examine and assess the ef10 fectiveness of any voluntary consumer product safety 

11 standard for portable heating devices; and 

12 (2) in accordance with section 553 of title 5, 

13 United States Code, promulgate a consumer product 

14 safety standard that includes, at a minimum, a re15 quirement that the portable heating device shut off 

16 at a threshold determined hazardous by the Commis17 sion, and that— 

18 (A) is substantially the same as such vol19 untary standard; or 

20 (B) is more stringent than such voluntary 

21 standard, if the Commission determines that a 

22 more stringent standard would further reduce 

23 the risk of injury associated with such device. 

24 (b) TREATMENT OF STANDARD.—A consumer prod25 uct safety standard promulgated under subsection (a) 

26 shall be treated as a consumer product safety rule promulVerDate Sep 11 2014 01:59 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H823.IH H823

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1 gated under section 9 of the Consumer Product Safety Act 

2 (15 U.S.C. 2058). 

3 (c) ADDITIONAL RULEMAKING.—After promulgating 

4 the standard required pursuant to subsection (a), the 

5 Commission may, in accordance with section 553 of title 

6 5, United States Code, periodically review and revise the 

7 standard to ensure the standard provides the highest level 

8 of safety for portable heating devices that is feasible. 

9 (d) JUDICIAL REVIEW.—Any person adversely af10 fected by a standard promulgated or revised under this 

11 section may file a petition for review under the procedures 

12 set forth in section 11(g) of the Consumer Product Safety 

13 Act (15 U.S.C. 2060(g)). 

14 (e) REVISIONS TO VOLUNTARY STANDARD.— 

15 (1) NOTICE OF ADOPTION.—Not later than 60 

16 days after the date on which the Commission pro17 mulgates a consumer product safety standard under 

18 this section that is based, in whole or in part, on a 

19 voluntary standard, the Commission shall notify the 

20 organization that issued the voluntary standard of 

21 the Commission standard and shall provide a copy of 

22 the Commission standard to the organization. 

23 (2) COMMISSION ACTION ON REVISED VOL24 UNTARY STANDARD.— 


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1 (A) NOTIFICATION BY STANDARDS ORGA2 NIZATION.—Not later than 60 days after the 

3 date on which an organization revises a stand4 ard that has been adopted, in whole or in part, 

5 as a consumer product safety standard under 

6 this section, the organization shall notify the 

7 Commission of such revision. 

8 (B) ADOPTION OR REJECTION OF REVISED

9 STANDARD.—A revised voluntary standard de10 scribed under subparagraph (A) shall be treated 

11 as a consumer product safety standard promul12 gated under section 9 of the Consumer Product 

13 Safety Act (15 U.S.C. 2058) effective 180 days 

14 after the date on which the organization notifies 

15 the Commission (or such later date specified by 

16 the Commission in the Federal Register) unless, 

17 within 90 days after the date on which the no18 tice is received, the Commission notifies the or19 ganization that the Commission has determined 

20 that the revised voluntary standard does not 

21 improve the safety of the consumer product cov22 ered by the standard and that the Commission 

23 will not adopt that standard. 

24 (f) DEFINITIONS.—In this section: 


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1 (1) COMMISSION.—The term ‘‘Commission’’ 

2 means the Consumer Product Safety Commission. 

3 (2) PORTABLE HEATING DEVICE.—The term 

4 ‘‘portable heating device’’ shall have the meaning 

5 given such term by the Commission. 

Æ 


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