IB 

Union Calendar No. 437 

116TH CONGRESS 

2D SESSION H. R. 8134 

[Report No. 116–537] 

To support the Consumer Product Safety Commission’s capability to protect 

consumers from unsafe consumer products, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 28, 2020 

Ms. SCHAKOWSKY (for herself and Mr. DUNCAN) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

SEPTEMBER 24, 2020 

Reported from the Committee on Energy and Commerce; committed to the 

Committee of the Whole House on the State of the Union and ordered 

to be printed 


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A BILL 

To support the Consumer Product Safety Commission’s capability to protect consumers from unsafe consumer products, and for other purposes. 


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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 ‘‘Consumer Product 

5 Safety Inspection Enhancement Act’’. 

6 SEC. 2. ENHANCED RISK ASSESSMENT METHODOLOGY. 

7 Section 17 of the Consumer Product Safety Act (15 

8 U.S.C. 2066) is amended by adding at the end the fol9 lowing new subsection: 

10 ‘‘(i) ENHANCED RISK ASSESSMENT METHOD11 OLOGY.— 

12 ‘‘(1) IN GENERAL.—Not later than 18 months 

13 after the date of enactment of the Consumer Prod14 uct Safety Inspection Enhancement Act, the Com15 mission shall enhance targeting, surveillance, and 

16 screening of consumer products entering the United 

17 States at ports of entry, including ports of entry for 

18 de minimis shipments, by— 

19 ‘‘(B) working in consultation with Customs 

20 and Border Protection to— 

21 ‘‘(i) access and leverage all available 

22 data, including manifest data, to enhance 

23 targeting of violative consumer products, 

24 including de minimis shipments containing 

25 violative consumer products; 


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1 ‘‘(ii) access and leverage intellectual 

2 property rights seizure data to target prod3 ucts that may have both intellectual prop4 erty rights infringements and consumer 

5 product safety violations; 

6 ‘‘(iii) prioritize shipments coming 

7 from the People’s Republic of China; and 

8 ‘‘(iv) use the Participating Govern9 ment Agencies Message Set, or any suc10 cessor program, and additional consumer 

11 product specific data elements, including 

12 certificates of compliance and any other 

13 data that the Commission needs, to help 

14 risk assess and target violative consumer 

15 products; and 

16 ‘‘(C) building and improving information 

17 technology systems to support electronic access 

18 to and connection with the data and targeting 

19 systems associated with express consignment 

20 carrier facilities, international mail facilities, 

21 electronic commerce platforms, and other appli22 cable system participants. 

23 ‘‘(2) ELECTRONIC FILING OF CERTIFICATES OF

24 COMPLIANCE.—Beginning not later than 2 years 

25 after the date of enactment of the Port Surveillance 


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1 Modernization Act, certificates of compliance shall 

2 be filed electronically for consumer products in3 tended for entry into the United States to enhance 

4 risk assessment and target de minimis shipments 

5 containing violative consumer products. 

6 ‘‘(3) DEFINITIONS.—As used in this 

7 susbection— 

8 ‘‘(A) the term ‘de minimis shipments’ 

9 means articles containing consumer products 

10 entering the United States under the de mini11 mis value exemption in 19 U.S.C. 

12 1321(a)(2)(C); 

13 ‘‘(B) the term ‘express consignment carrier 

14 facility’ means a separate or shared specialized 

15 facility approved by the port director solely for 

16 the examination and release of express consign17 ment shipments; 

18 ‘‘(C) the term ‘ports of entry for de mini19 mis shipments’ means environments where de 

20 minimis shipments are processed, including ex21 press consignment carrier facilities, inter22 national mail facilities, and air cargo facilities; 

23 ‘‘(D) the term ‘violative consumer prod24 ucts’ means consumer products in violation of 

25 an applicable consumer product safety rule 


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1 under this Act or any similar rule, regulation, 

2 standard, or ban under any other Act enforced 

3 by the Commission.’’. 

4 SEC. 3. ADDITIONAL CPSC SURVEILLANCE PERSONNEL AT 

5 KEY PORTS OF ENTRY FOR DE MINIMIS SHIP6 MENTS. 

7 The Commission shall hire, train, and assign not 

8 fewer than 16 full-time equivalent personnel during each 

9 fiscal year and to be stationed at or supporting efforts 

10 at ports of entry, including ports of entry for de minimis 

11 shipments, for the purpose of identifying, assessing, and 

12 addressing shipments of violative consumer products. 

13 Such hiring shall continue during each fiscal year until 

14 the total number of full-time equivalent personnel equals 

15 and sustains the staffing requirements identified in the re16 port to Congress required under section 4. 

17 SEC. 4. REPORT TO CONGRESS. 

18 (a) IN GENERAL.—Not later than 18 months after 

19 the date of enactment of this Act, the Commission shall 

20 transmit to the Committee on Energy and Commerce of 

21 the House of Representatives and the Committee on Com22 merce, Science, and Transportation of the Senate, and 

23 make publicly available, a study and report assessing the 

24 risk to consumers associated with the targeting and 

25 screening of de minimis e-commerce shipments. 


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1 (b) REPORT REQUIREMENTS.—In the study and re2 port, the Commission shall— 

3 (1) examine a sampling of de minimis ship4 ments at a sufficient and representative sample of 

5 all types of ports of entry where de minimis ship6 ments are processed, including express consignment 

7 carrier facilities, international mail facilities, and air 

8 cargo facilities to assess the extent to which such 

9 shipments include violative consumer products; 

10 (2) examine a sampling of shipments coming 

11 from the People’s Republic of China to identify 

12 trends associated with the shipment of products con13 taining both intellectual property rights infringe14 ments and consumer product safety violations; 

15 (3) detail plans and timelines to effectively ad16 dress targeting and screening of de minimis ship17 ments to prevent the entry of violative consumer 

18 products entering into the commerce of the United 

19 States taking into consideration projected growth in 

20 e-commerce; 

21 (4) establish metrics by which to evaluate the 

22 effectiveness of the Commission efforts to reduce the 

23 number of de minimis shipments containing violative 

24 consumer products from entering into the commerce 

25 of the United States; and 


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1 (5) assess projected technology and resources, 

2 including staffing requirements necessary to imple3 ment such plans. 

4 SEC. 5. DEFINITIONS. 

5 In this Act— 

6 (1) the term ‘‘Commission’’ means the Con7 sumer Product Safety Commission; 

8 (2) the term ‘‘de minimis shipments’’ means ar9 ticles containing consumer products entering the 

10 United States under the de minimis value exemption 

11 in 19 U.S.C. 1321(a)(2)(C); 

12 (3) the term ‘‘ports of entry for de minimis 

13 shipments’’ means environments where de minimis 

14 shipments are processed, including express consign15 ment carrier facilities, international mail facilities, 

16 and air cargo facilities; 

17 (4) the term ‘‘violative consumer products’’ 

18 means consumer products in violation of an applica19 ble consumer product safety rule under the Con20 sumer Product Safety Act or any similar rule, regu21 lation, standard, or ban under any other Act en22 forced by the Commission; 

23 (5) the term ‘‘electronic commerce platform’’ or 

24 ‘‘e-commerce platform’’ means any electronically 

25 accessed platform that includes publicly interactive 


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1 features that allow for arranging the sale, purchase, 

2 payment, or shipping of goods, or that enables a 

3 person other than an operator of such platform to 

4 sell or offer to sell physical goods to consumers lo5 cated in the United States; and 

6 (6) the term ‘‘express consignment carrier facil7 ity’’ means a separate or shared specialized facility 

8 approved by the port director solely for the examina9 tion and release of express consignment shipments. 

10 SEC. 6. SAVINGS CLAUSE. 

11 Nothing in this Act shall be construed to limit, affect, 

12 or conflict with any other authority of the Commission or 

13 any other statutory requirements governing the Commis14 sion. 


pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 437 

116TH CONGRESS 

2D SESSION H. R. 8134 

[Report No. 116–537] 

A BILL 

To support the Consumer Product Safety Commissafe consumer products, and for other purposes. sion’s capability to protect consumers from unSEPTEMBER 24, 2020 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


pamtmann on DSKBC07HB2PROD with BILLS