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IIB
116TH CONGRESS
2D SESSION
H. R. 8134
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 30 (legislative day, SEPTEMBER 29), 2020
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
To support the Consumer Product Safety Commission’s capa-
bility to protect consumers from unsafe consumer prod-
ucts, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Consumer Product
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Safety Inspection Enhancement Act’’.
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SEC. 2. ENHANCED RISK ASSESSMENT METHODOLOGY.
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Section 17 of the Consumer Product Safety Act (15
5
U.S.C. 2066) is amended by adding at the end the fol-
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lowing new subsection:
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‘‘(i)
ENHANCED
RISK
ASSESSMENT
METHOD-
8
OLOGY.—
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‘‘(1) IN GENERAL.—Not later than 18 months
10
after the date of enactment of the Consumer Prod-
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uct Safety Inspection Enhancement Act, the Com-
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mission shall enhance targeting, surveillance, and
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screening of consumer products entering the United
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States at ports of entry, including ports of entry for
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de minimis shipments, by—
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‘‘(A) working in consultation with Customs
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and Border Protection to—
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‘‘(i) access and leverage all available
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data, including manifest data, to enhance
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targeting of violative consumer products,
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including de minimis shipments containing
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violative consumer products;
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‘‘(ii) access and leverage intellectual
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property rights seizure data to target prod-
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ucts that may have both intellectual prop-
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erty rights infringements and consumer
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product safety violations;
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‘‘(iii)
prioritize
shipments
coming
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from the People’s Republic of China; and
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‘‘(iv) use the Participating Govern-
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ment Agencies Message Set, or any suc-
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cessor program, and additional consumer
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product specific data elements, including
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certificates of compliance and any other
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data that the Commission needs, to help
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risk assess and target violative consumer
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products; and
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‘‘(B) building and improving information
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technology systems to support electronic access
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to and connection with the data and targeting
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systems associated with express consignment
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carrier facilities, international mail facilities,
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electronic commerce platforms, and other appli-
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cable system participants.
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‘‘(2) ELECTRONIC FILING OF CERTIFICATES OF
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COMPLIANCE.—Beginning not later than 2 years
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after the date of enactment of the Consumer Prod-
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uct Safety Inspection Enhancement Act, certificates
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of compliance shall be filed electronically for con-
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sumer products intended for entry into the United
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States to enhance risk assessment and target de
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minimis shipments containing violative consumer
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products.
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‘‘(3) DEFINITIONS.—As used in this sub-
4
section—
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‘‘(A) the term ‘de minimis shipments’
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means articles containing consumer products
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entering the United States under the de mini-
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mis
value
exemption
in
19
U.S.C.
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1321(a)(2)(C);
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‘‘(B) the term ‘express consignment carrier
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facility’ means a separate or shared specialized
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facility approved by the port director solely for
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the examination and release of express consign-
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ment shipments;
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‘‘(C) the term ‘ports of entry for de mini-
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mis shipments’ means environments where de
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minimis shipments are processed, including ex-
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press consignment carrier facilities, inter-
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national mail facilities, and air cargo facilities;
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‘‘(D) the term ‘violative consumer prod-
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ucts’ means consumer products in violation of
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an applicable consumer product safety rule
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under this Act or any similar rule, regulation,
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standard, or ban under any other Act enforced
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by the Commission.’’.
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SEC. 3. ADDITIONAL CPSC SURVEILLANCE PERSONNEL AT
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KEY PORTS OF ENTRY FOR DE MINIMIS SHIP-
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MENTS.
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The Commission shall hire, train, and assign not
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fewer than 16 full-time equivalent personnel during each
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fiscal year and to be stationed at or supporting efforts
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at ports of entry, including ports of entry for de minimis
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shipments, for the purpose of identifying, assessing, and
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addressing shipments of violative consumer products.
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Such hiring shall continue during each fiscal year until
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the total number of full-time equivalent personnel equals
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and sustains the staffing requirements identified in the re-
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port to Congress required under section 4.
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SEC. 4. REPORT TO CONGRESS.
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(a) IN GENERAL.—Not later than 18 months after
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the date of enactment of this Act, the Commission shall
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transmit to the Committee on Energy and Commerce of
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the House of Representatives and the Committee on Com-
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merce, Science, and Transportation of the Senate, and
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make publicly available, a study and report assessing the
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risk to consumers associated with the targeting and
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screening of de minimis e-commerce shipments.
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(b) REPORT REQUIREMENTS.—In the study and re-
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port, the Commission shall—
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(1) examine a sampling of de minimis ship-
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ments at a sufficient and representative sample of
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all types of ports of entry where de minimis ship-
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ments are processed, including express consignment
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carrier facilities, international mail facilities, and air
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cargo facilities to assess the extent to which such
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shipments include violative consumer products;
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(2) examine a sampling of shipments coming
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from the People’s Republic of China to identify
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trends associated with the shipment of products con-
12
taining both intellectual property rights infringe-
13
ments and consumer product safety violations;
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(3) detail plans and timelines to effectively ad-
15
dress targeting and screening of de minimis ship-
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ments to prevent the entry of violative consumer
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products entering into the commerce of the United
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States taking into consideration projected growth in
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e-commerce;
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(4) establish metrics by which to evaluate the
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effectiveness of the Commission efforts to reduce the
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number of de minimis shipments containing violative
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consumer products from entering into the commerce
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of the United States; and
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(5) assess projected technology and resources,
1
including staffing requirements necessary to imple-
2
ment such plans.
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SEC. 5. DEFINITIONS.
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In this Act—
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(1) the term ‘‘Commission’’ means the Con-
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sumer Product Safety Commission;
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(2) the term ‘‘de minimis shipments’’ means ar-
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ticles containing consumer products entering the
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United States under the de minimis value exemption
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in 19 U.S.C. 1321(a)(2)(C);
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(3) the term ‘‘ports of entry for de minimis
12
shipments’’ means environments where de minimis
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shipments are processed, including express consign-
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ment carrier facilities, international mail facilities,
15
and air cargo facilities;
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(4) the term ‘‘violative consumer products’’
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means consumer products in violation of an applica-
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ble consumer product safety rule under the Con-
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sumer Product Safety Act or any similar rule, regu-
20
lation, standard, or ban under any other Act en-
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forced by the Commission;
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(5) the term ‘‘electronic commerce platform’’ or
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‘‘e-commerce platform’’ means any electronically
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accessed platform that includes publicly interactive
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features that allow for arranging the sale, purchase,
1
payment, or shipping of goods, or that enables a
2
person other than an operator of such platform to
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sell or offer to sell physical goods to consumers lo-
4
cated in the United States; and
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(6) the term ‘‘express consignment carrier facil-
6
ity’’ means a separate or shared specialized facility
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approved by the port director solely for the examina-
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tion and release of express consignment shipments.
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SEC. 6. SAVINGS CLAUSE.
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Nothing in this Act shall be construed to limit, affect,
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or conflict with any other authority of the Commission or
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any other statutory requirements governing the Commis-
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sion.
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Passed the House of Representatives September 29,
2020.
Attest:
CHERYL L. JOHNSON,
Clerk.
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