[DOCID: f:hr366.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-366
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DANNY KEYSAR CHILD PRODUCT SAFETY NOTIFICATION ACT
_______
October 9, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Dingell, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 1699]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 1699) to direct the Consumer Product Safety
Commission to require certain manufacturers to provide consumer
product registration forms to facilitate recalls of durable
infant and toddler products, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
Amendment........................................................ 1
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
Statement of General Performance Goals and Objectives............ 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Earmarks and Tax and Tariff Benefits............................. 5
Committee Cost Estimate.......................................... 5
Congressional Budget Office Estimate............................. 5
Federal Mandates Statement....................................... 6
Advisory Committee Statement..................................... 6
Constitutional Authority Statement............................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
AMENDMENT
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Danny Keysar Child Product Safety
Notification Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Unintentional injuries are the leading cause of death
among children, and for every such injury that is fatal,
approximately 18 children are hospitalized and 1,250 are
treated by emergency departments for such injuries that are
nonfatal.
(2) According to the Consumer Product Safety Commission, an
average of 50 children under the age of 5 die each year in
incidents associated with nursery products, and about 16 of
these deaths each year are associated with cribs.
(3) In 2003, an estimated 60,700 children under the age of 5
were treated in United States hospital emergency rooms for
injuries associated with nursery products, and there were
10,700 injuries to children under the age of 5 years associated
with strollers alone.
(4) Of the 397 recalls issued by the Consumer Product Safety
Commission in fiscal year 2005, 109 (or 27 percent) were
children's products. Children's products were recalled, on
average, over 2 times per week, and accounted for 19,635,627
individual units.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(2) Durable infant or toddler product.--The term ``durable
infant or toddler product''--
(A) means a durable product intended for use, or that
may be reasonably expected to be used, by children
under the age of 5 years; and
(B) shall include--
(i) full-size cribs and nonfull-size cribs;
(ii) toddler beds;
(iii) high chairs, booster chairs, and hook-
on chairs;
(iv) bath seats;
(v) gates and other enclosures for confining
a child;
(vi) play yards;
(vii) stationary activity centers;
(viii) infant carriers;
(ix) strollers;
(x) walkers;
(xi) swings; and
(xii) bassinets and cradles.
SEC. 4. CONSUMER PRODUCT REGISTRATION FORMS.
(a) Rulemaking.--Not later than 1 year after the date of enactment of
this Act, the Commission shall, pursuant to its authority under section
16(b) of the Consumer Product Safety Act (15 U.S.C. 2065(b)),
promulgate a final consumer product safety rule to require
manufacturers of durable infant or toddler products--
(1) to provide consumers with a postage-paid consumer
registration form with each such product;
(2) to maintain a record of the names, addresses, email
addresses, and other contact information of consumers who
register their ownership of such products with the manufacturer
in order to improve the effectiveness of manufacturer campaigns
to recall such products; and
(3) to permanently place the manufacturer name and contact
information, model name and number, and the date of manufacture
on each durable infant or toddler product.
(b) Requirements for Registration Form.--The registration form
required to be provided to consumers under subsection (a) shall--
(1) include spaces for a consumer to provide their name,
address, telephone number, and email address;
(2) include space sufficiently large to permit easy, legible
recording of all desired information;
(3) be attached to the surface of each durable infant or
toddler product so that, as a practical matter, the consumer
must notice and handle the form after purchasing the product;
(4) include the manufacturer's name, model name and number
for the product, and the date of manufacture;
(5) include a message explaining the purpose of the
registration and designed to encourage consumers to complete
the registration;
(6) include an option for consumers to register through the
Internet; and
(7) include a statement that information provided by the
consumer shall not be used for any purpose other than to
facilitate a recall of or safety alert regarding that product.
In issuing regulations under this section, the Commission may prescribe
the exact text and format of the required registration form.
(c) Record Keeping and Notification Requirements.--The standard
required under this section shall require each manufacturer of a
durable infant or toddler product to maintain a record of registrants
for each product manufactured that includes all of the information
provided by each consumer registered, and to use such information to
notify such consumers in the event of a voluntary or involuntary recall
of or safety alert regarding such product. Each manufacturer shall
maintain such a record for a period of not less than 6 years after the
date of manufacture of the product. Consumer information collected by a
manufacturer under this Act may not be used by the manufacturer, nor
disseminated by such manufacturer to any other party, for any purpose
other than notification to such consumer in the event of a product
recall or safety alert.
(d) Study.--The Commission shall conduct a study at such time as it
considers appropriate on the effectiveness of the consumer registration
forms in facilitating product recalls. Not later than 4 years after the
date of enactment of this Act, the Commission shall report its findings
to Congress.
PURPOSE AND SUMMARY
The purpose of H.R. 1699, the Danny Keysar Child Product
Safety Notification Act, is to improve the effectiveness of
certain unsafe-product recall actions, which currently rely
heavily on the media and do not provide direct notice to
consumers. H.R. 1699 requires the Consumer Product Safety
Commission (CPSC) to promulgate a rule requiring manufacturers
of a defined list of 12 durable infant and toddler products
(including cribs, high chairs, bath seats, play yards,
strollers, walkers, and swings) to: (1) provide postage-paid,
privacy-protected registration cards with each product for
consumer registration by mail or via the Internet; (2) maintain
a database of consumer-provided contact information; and (3)
permanently place manufacturer contact and model information on
each product sold. H.R. 1699 also requires the CPSC to conduct
a study and report to Congress within four years on the
effectiveness of the registration forms in facilitating
recalls.
BACKGROUND AND NEED FOR LEGISLATION
Accidental injury or death of babies and toddlers may
result from the use of unsafe nursery products. According to
the CPSC, 48 children died in the United States in Fiscal Year
2001 in incidents associated with nursery products. Incidents
involving these products are especially tragic because parents
employ products such as cribs, playpens, and high chairs for
the express purpose of restricting a child's movement to keep
them safe.
When manufacturers, retailers, or regulators learn of a
dangerous defect, it is critical to disseminate this
information as quickly as possible. Parents need to know about
defects and product recalls so they can stop using the product
immediately and pursue the appropriate corrective action,
including repair, return, or destruction of the defective
product. Children have died when parents unknowingly continued
to use a nursery product had been identified as unsafe. One
tragic case involved Danny Keysar, a 16-month-old child who
died from strangulation when the portable crib in which he was
napping collapsed. The crib had been recalled five years
earlier for the very defect that led to the collapse, but
Danny's parents and caregiver were unaware of the recall.
This legislation is intended to increase the effectiveness
of recalls of durable nursery products. Current recall efforts
rely heavily on the media to convey the information provided in
CPSC press releases to consumers who own defective products.
Although it is difficult to measure recall effectiveness, the
most recent CPSC statistics (for Fiscal Year 1997) on recall
return rates were 16 percent, down from 18 percent the previous
year. The Committee notes that measuring recall effectiveness
using only recall return rates does not yield a complete
picture.
To the extent consumers register the products purchased,
this legislation adds a layer of direct consumer notification
to the current recall notification process. Manufacturers must
provide parents with registration cards to complete with name,
address, telephone, and e-mail information. In the event of a
voluntary or involuntary recall, manufacturers must contact
consumers directly using the consumer-provided information.
This proposed notification system is modeled after the National
Highway Transportation Safety Administration recall system used
since 1993 for the recall of children's car seats, another
durable product used for keeping small children safe. Since use
of registration cards began, the repair rate for recalled car
seats has increased from 14 percent to 22 percent, a 56 percent
increase. The system required by this legislation permits
Internet registration, in addition to or as an alternative to
mail registration, in an effort to encourage consumer
registration further.
HEARINGS
The Subcommittee on Commerce, Trade, and Consumer
Protection held an oversight hearing on Tuesday, May 15, 2007,
entitled ``Protecting Our Children: Current Issues in Consumer
Product Safety,'' which examined the performance of the CPSC in
safeguarding children from hazardous products. The Subcommittee
received testimony from the Honorable Nancy A. Nord, Acting
CPSC Chairman; Mr. Alan Korn, Public Policy Director and
General Counsel, Safe Kids Worldwide; Ms. Rachel Weintraub,
Director of Product Safety and Senior Counsel, Consumer
Federation of America; Mr. Frederick Locker, General Counsel,
Toy Industry Association; Dr. Marla Felcher, Adjunct Lecturer,
Kennedy School of Government, Harvard University; Mr. James A.
Thomas, President, ASTM International; and Ms. Nancy A. Cowles,
Executive Director, Kids in Danger.
The Subcommittee held a legislative hearing on Wednesday,
June 6, 2007, entitled ``Legislation to Improve Consumer
Product Safety for Children: H.R. 2474, H.R. 1699, H.R. 814,
and H.R. 1721.'' The Subcommittee received testimony from Mr.
Edmund Mierzwinski, Consumer Program Director, United States
Public Interest Research Group and Ms. Sally Greenberg, Senior
Product Safety Counsel, Consumers Union.
COMMITTEE CONSIDERATION
On Tuesday, July 31, 2007, the Subcommittee on Commerce,
Trade and Consumer Protection met in open markup session and
favorably forwarded H.R. 1699, amended, to the full Committee
for consideration, by a voice vote. On Tuesday, September 25,
2007, the full Committee met in open markup session and ordered
H.R. 1699 favorably reported to the House, as amended, by a
voice vote, a quorum being present. No amendments were offered
during full Committee consideration.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto. There were no recorded votes taken during
consideration of H.R. 1699 or in ordering the bill reported. A
motion by Mr. Dingell to order H.R. 1699 favorably reported to
the House, as amended, was agreed to by a voice vote.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the oversight findings of the
Committee are reflected in this report.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
The purpose of the legislation is to enhance the protection
of consumers, particularly children, by improving recalls of
unsafe durable infant and toddler products.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Regarding compliance with clause 3(c)(2) of rule XIII of
the Rules of the House of Representatives, the Committee finds
that H.R. 1699 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
EARMARKS AND TAX AND TARIFF BENEFITS
Regarding compliance with clause 9 of rule XXI of the Rules
of the House of Representatives, H.R. 1699 does not contain any
Congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
COMMITTEE COST ESTIMATE
The Committee will adopt as its own the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Regarding clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, a cost estimate on H.R. 1699 by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not available as of the
time of the filing of this report by the Committee.
FEDERAL MANDATES STATEMENT
The Committee will adopt as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 3, which grants Congress the power
to regulate commerce with foreign nations, among the several
States, and with the Indian tribes.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 establishes the short title of the bill as the
``Danny Keysar Child Product Safety Notification Act.''
Sec. 2. Findings
Section 2 sets forth findings and statistics related to
childhood accidents, including accidents and deaths involving
nursery products. It also provides statistics on recalls of
nursery products.
Sec. 3. Definitions
Section 3 defines terms used in this legislation. The
``Commission'' means the Consumer Product Safety Commission.
``Durable infant or toddler product'' means a durable product
intended for use by, or reasonably expected to be used by,
children under the age of 5 years. The definition specifically
includes 12 enumerated products:
<bullet> full-size or non-full-size cribs
<bullet> toddler beds
<bullet> high chairs, booster chairs, or hook-on
chairs
<bullet> bath seats
<bullet> gates and other enclosures for confining a
child
<bullet> play yards
<bullet> stationary activity centers
<bullet> infant carriers
<bullet> strollers
<bullet> walkers
<bullet> swings
<bullet> bassinets and cradles.
Sec. 4. Consumer product registration forms
Section 4(a) mandates that the CPSC promulgate a final
product safety rule pursuant to section 16(b) of the Consumer
Product Safety Act (15 U.S.C. 2065(b)) on recordkeeping
requirements to enhance the effectiveness of recalls. The rule
promulgated by the CPSC must require manufacturers of durable
infant or toddler products to:
<bullet> Provide a postage-paid registration form
with each product;
<bullet> Maintain a record of the names, addresses,
email addresses, and other contact information for the
consumers who register their ownership of the products;
and
<bullet> Place permanently on each product the
manufacturer name and contact information, model name
and number, and the date of manufacture.
Section 4(b) specifies the requirements for the
registration cards. The card must include the manufacturer's
name, the model name and number of the product, and space for
the consumer to provide name, mailing address, telephone
number, and email address. The space provided for recording
this information must be sufficiently large to permit easy,
legible writing. The card also must provide an option for
consumers to register through the Internet. The cards must be
attached to the product in an obvious place and include a
statement of the purpose--to aid in recalls--to encourage
consumers to complete the registration process. Finally, the
cards must include a statement that the information that the
consumer provides will not be used for any other purpose except
to facilitate a recall or safety alert involving the specific
product.
Section 4(c) requires manufacturers to maintain, for a
period of 6 years after the date of manufacture of a product, a
record of all information provided by registrants of that
product, and to use the information to notify registrants in
the event of a voluntary or involuntary recall or a safety
alert. Maintaining an on-going business relationship with
consumers through marketing and other uses of information has
shown to be an effective way to keep up-to-date contact
information. Manufacturers may not, however, use the
information provided on registration cards--nor disseminate it
to any other party--for any other purpose than to alert
consumers to recalls and product alerts.
Section 4(d) requires the CPSC, no later than 4 years after
the date of enactment of this legislation, to conduct a study
on the effectiveness of the registration cards and to report
its findings to Congress.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation does not amend any existing Federal
statute.
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