House addresses measures bolstering product and internet safety

ALEXANDRIA, VA – This week, the House of Representatives made major progress on a number of child safety-related measures, including legislation designed to protect children from dangerous toys and imported products as well as from internet predators.

Product Safety Legislation:

On Thursday, the House Energy and Commerce Committee’s Subcommittee on Commerce, Trade, and Consumer Protection approved the Consumer Product Safety Modernization Act, (S. 4040), legislation to overhaul the Consumer Product Safety Commission (CPSC). In recent weeks, the CPSC has been the subject of serious criticism for its inability to keep chemically hazardous products off the market and away from children. Sponsored by Rep. Bobby Rush (D-Ill), the bipartisan measure strengthens the CPSC’s product safety standards and improves its review process by mandating independent, third-party testing and certification of all products, whether domestic or imported, that are intended for children twelve years of age or younger.

Moreover, the CPSC’s budget would be increased significantly from fiscal year 2009-2011, leading to an expanded staff with greater capacity. In addition, the act authorizes further resources for a renovation of the Commission’s testing laboratory.

The bill also includes provisions from H.R. 1699, which enhances the effectiveness of recalls on nursery products, by mandating that a purchaser’s information be retained by makers of cribs, strollers, high chairs, and similar products for providing prompt notice of recalls.

Furthermore, provisions were adopted to give state attorney’s general the authority to sue manufacturers of dangerous products on behalf of their states’ residents, as curtly exists for hazardous substances and flammable fabrics. Legislative language also banns CPSC Commissioners and employees from accepting and gifts or travel expenses paid for by an organization which is regulated by the Commission.

Yet to be resolved are provisions to protect whistleblowers working at the CPSC. First Focus urges measures to be put in place that will protect employees for disclosures made in the course of job duties, as well as allow employees access to jury trials in district court if a timely decision is not made by the Department of Labor. Jury trials are the best chance to defend whistleblowers’ rights, as justice decided by the citizens and consumers the whistleblower is trying to protect.

The Act now awaits consideration by the full Energy and Commerce Committee. For a more detailed full summary of the legislation, click here.

In the Senate, companion legislation, the Consumer Product Safety Commission Reform Act (S. 2045) has been approved by the Senate Commerce Committee. Introduced by Senator Mark Pryor (D-Ark.), the act would also increase the CPSC’s funding levels, expand its authority, and strengthen consumer protection laws. The bill now awaits action by the full Senate.

Internet Safety Legislation:

In the past week, six measures were approved to promote internet safety:

On Tuesday, the House passed the following items:

  • The Safeguarding America’s Families by Enhancing and Reorganizing New and Efficient Technologies Act (H.R. 3461). The act requires that the Federal Trade Commission (FTC) launch a $5 million internet safety campaign. This public service campaign would improve the FTC’s existing internet protection efforts currently under way to include cyber crimes against juveniles, which are currently beyond the scope of the Agency’s authority.A prime focus of the campaign would be to shield youth from inappropriate content online. FTC would join with the Commerce Department, who would be responsible to review industry efforts to promote online safety for kids. The Department would establish a working group that would be asked to evaluate the industry’s effectiveness in reporting child pornography, retaining records tired to crimes against children, and improving technology that would shield kids from indecent internet content.
  • H.R. 4134. Sponsored by Linda Sanchez (D-CA) the legislation provides a $5 million annual grant to i-Safe, Inc., to carry out internet crime prevention programs. In addition, the legislation would authorize $5 million per year for competitive grants for other organizations to conduct such initiatives.

On Wednesday, the House approved the following measures:

    • Effective Child Pornography Prosecution Act (H.R. 4120). Sponsored by Nancy Boyda (D-KS), this measure makes minor changes to federal law to ensure that federal officials would not have to prove interstate transmission in cases related to child pornography.

This measure was passed in response to a September decision by U.S. v. Schaefer, in which the U.S. Court of Appeals for the 10th Circuit reversed a federal conviction for receipt and possession of child pornography, and held that under current law the government had to prove interstate transmission had occurred. This will remedy this legal hindrance by explicitly providing that it no longer applies.