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) intro-
duced 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. 
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 ‘‘Safer Heat Act of 
2023’’. 
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SEC. 2. CONSUMER PRODUCT SAFETY STANDARD FOR 
PORTABLE HEATING DEVICES. 
(a) CONSUMER PRODUCT SAFETY STANDARD RE-
QUIRED.—The Consumer Product Safety Commission 
shall— 
(1) in consultation with representatives of con-
sumer groups, portable heating device product man-
ufacturers, and independent engineers and experts 
and fire safety experts, examine and assess the ef-
fectiveness 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 re-
quirement that the portable heating device shut off 
at a threshold determined hazardous by the Commis-
sion, and that— 
(A) is substantially the same as such vol-
untary 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 prod-
uct safety standard promulgated under subsection (a) 
shall be treated as a consumer product safety rule promul-
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gated 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 af-
fected 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 pro-
mulgates 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
VOL-
UNTARY STANDARD.— 
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(A) NOTIFICATION BY STANDARDS ORGA-
NIZATION.—Not later than 60 days after the 
date on which an organization revises a stand-
ard 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 de-
scribed under subparagraph (A) shall be treated 
as a consumer product safety standard promul-
gated 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 no-
tice is received, the Commission notifies the or-
ganization that the Commission has determined 
that the revised voluntary standard does not 
improve the safety of the consumer product cov-
ered by the standard and that the Commission 
will not adopt that standard. 
(f) DEFINITIONS.—In this section: 
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(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. 
Æ 
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