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 capa-
bility to protect consumers from unsafe consumer prod-
ucts, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Consumer Product 
Safety Inspection Enhancement Act’’. 
SEC. 2. ENHANCED RISK ASSESSMENT METHODOLOGY. 
Section 17 of the Consumer Product Safety Act (15 
U.S.C. 2066) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(i) 
ENHANCED
RISK
ASSESSMENT
METHOD-
OLOGY.— 
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of the Consumer Prod-
uct Safety Inspection Enhancement Act, the Com-
mission shall enhance targeting, surveillance, and 
screening of consumer products entering the United 
States at ports of entry, including ports of entry for 
de minimis shipments, by— 
‘‘(B) working in consultation with Customs 
and Border Protection to— 
‘‘(i) access and leverage all available 
data, including manifest data, to enhance 
targeting of violative consumer products, 
including de minimis shipments containing 
violative consumer products; 
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‘‘(ii) access and leverage intellectual 
property rights seizure data to target prod-
ucts that may have both intellectual prop-
erty rights infringements and consumer 
product safety violations; 
‘‘(iii) 
prioritize 
shipments 
coming 
from the People’s Republic of China; and 
‘‘(iv) use the Participating Govern-
ment Agencies Message Set, or any suc-
cessor program, and additional consumer 
product specific data elements, including 
certificates of compliance and any other 
data that the Commission needs, to help 
risk assess and target violative consumer 
products; and 
‘‘(C) building and improving information 
technology systems to support electronic access 
to and connection with the data and targeting 
systems associated with express consignment 
carrier facilities, international mail facilities, 
electronic commerce platforms, and other appli-
cable system participants. 
‘‘(2) ELECTRONIC FILING OF CERTIFICATES OF 
COMPLIANCE.—Beginning not later than 2 years 
after the date of enactment of the Port Surveillance 
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Modernization Act, certificates of compliance shall 
be filed electronically for consumer products in-
tended for entry into the United States to enhance 
risk assessment and target de minimis shipments 
containing violative consumer products. 
‘‘(3) 
DEFINITIONS.—As 
used 
in 
this 
susbection— 
‘‘(A) the term ‘de minimis shipments’ 
means articles containing consumer products 
entering the United States under the de mini-
mis 
value 
exemption 
in 
U.S.C. 
1321(a)(2)(C); 
‘‘(B) the term ‘express consignment carrier 
facility’ means a separate or shared specialized 
facility approved by the port director solely for 
the examination and release of express consign-
ment shipments; 
‘‘(C) the term ‘ports of entry for de mini-
mis shipments’ means environments where de 
minimis shipments are processed, including ex-
press consignment carrier facilities, inter-
national mail facilities, and air cargo facilities; 
‘‘(D) the term ‘violative consumer prod-
ucts’ means consumer products in violation of 
an applicable consumer product safety rule 
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under this Act or any similar rule, regulation, 
standard, or ban under any other Act enforced 
by the Commission.’’. 
SEC. 3. ADDITIONAL CPSC SURVEILLANCE PERSONNEL AT 
KEY PORTS OF ENTRY FOR DE MINIMIS SHIP-
MENTS. 
The Commission shall hire, train, and assign not 
fewer than 16 full-time equivalent personnel during each 
fiscal year and to be stationed at or supporting efforts 
at ports of entry, including ports of entry for de minimis 
shipments, for the purpose of identifying, assessing, and 
addressing shipments of violative consumer products. 
Such hiring shall continue during each fiscal year until 
the total number of full-time equivalent personnel equals 
and sustains the staffing requirements identified in the re-
port to Congress required under section 4. 
SEC. 4. REPORT TO CONGRESS. 
(a) IN GENERAL.—Not later than 18 months after 
the date of enactment of this Act, the Commission shall 
transmit to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate, and 
make publicly available, a study and report assessing the 
risk to consumers associated with the targeting and 
screening of de minimis e-commerce shipments. 
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(5) assess projected technology and resources, 
including staffing requirements necessary to imple-
ment such plans. 
SEC. 5. DEFINITIONS. 
In this Act— 
(1) the term ‘‘Commission’’ means the Con-
sumer Product Safety Commission; 
(2) the term ‘‘de minimis shipments’’ means ar-
ticles containing consumer products entering the 
United States under the de minimis value exemption 
in 19 U.S.C. 1321(a)(2)(C); 
(3) the term ‘‘ports of entry for de minimis 
shipments’’ means environments where de minimis 
shipments are processed, including express consign-
ment carrier facilities, international mail facilities, 
and air cargo facilities; 
(4) the term ‘‘violative consumer products’’ 
means consumer products in violation of an applica-
ble consumer product safety rule under the Con-
sumer Product Safety Act or any similar rule, regu-
lation, standard, or ban under any other Act en-
forced by the Commission; 
(5) the term ‘‘electronic commerce platform’’ or 
‘‘e-commerce platform’’ means any electronically 
accessed platform that includes publicly interactive 
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features that allow for arranging the sale, purchase, 
payment, or shipping of goods, or that enables a 
person other than an operator of such platform to 
sell or offer to sell physical goods to consumers lo-
cated in the United States; and 
(6) the term ‘‘express consignment carrier facil-
ity’’ means a separate or shared specialized facility 
approved by the port director solely for the examina-
tion and release of express consignment shipments. 
SEC. 6. SAVINGS CLAUSE. 
Nothing in this Act shall be construed to limit, affect, 
or conflict with any other authority of the Commission or 
any other statutory requirements governing the Commis-
sion. 
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Union Calendar No. 437 
116TH CONGRESS 
2D SESSION 
H. R. 8134 
[Report No. 116–537] 
A BILL 
To support the Consumer Product Safety Commis-
sion’s capability to protect consumers from un-
safe consumer products, and for other purposes. 
SEPTEMBER 24, 2020 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Sep 11 2014 
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