Dangerous Products Warning Act - Amends the federal criminal code to impose a fine and/or prison term of up to 5 years on any business entity or product supervisor with respect to a product or business practice who knows of a serious danger associated with such product or business practice and knowingly fails within 15 days after discovering such danger to inform an appropriate federal agency in writing, warn affected employees in writing, and inform other affected individuals. Imposes a fine and/or prison term of up to 1 year on any individual who intentionally discriminates against an employee who informs a federal agency or warns employees of a serious danger associated with a product or business practice.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4451 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4451
To amend title 18, United States Code, to provide for the protection of
the general public, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2014
Mr. Conyers introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide for the protection of
the general public, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dangerous Products Warning Act''.
SEC. 2. DANGEROUS PRODUCTS.
(a) In General.--Part 1 of title 18, United States Code, is amended
by inserting after chapter 27 the following:
``CHAPTER 28--DANGEROUS PRODUCTS
``Sec.
``571. Violations.
``572. Relationship to existing law.
``573. Construction.
``574. Definitions for chapter.
``Sec. 571. Violations
``(a) Failure To Inform and Warn.--Whoever--
``(1) is a business entity or a product supervisor with
respect to a product or business practice;
``(2) knows of a serious danger associated with such
product (or a component of that product) or business practice;
and
``(3) knowingly fails within 15 days after such discovery
is made (or if there is imminent risk of serious bodily injury
or death, immediately) to do any of the following:
``(A) To inform an appropriate Federal agency in
writing, unless such product supervisor has actual
knowledge that such an agency has been so informed.
``(B) To warn affected employees in writing, unless
such product supervisor has actual knowledge that such
employees have been so warned.
``(C) To inform persons other than affected
employees at risk if they can reasonably be identified.
shall be fined under this title or imprisoned not more than 5 years, or
both.
``(b) Retaliation.--Whoever knowingly discriminates against any
person in the terms or conditions of employment or in retention in
employment or in hiring because of such person having informed a
Federal agency or warned employees of a serious danger associated with
a product or business practice shall be fined under this title or
imprisoned not more than one year, or both.
``(c) Nonpayment by Business Entities.--If a fine is imposed on an
individual under this section, such fine shall not be paid, directly or
indirectly, out of the assets of any business entity on behalf of that
individual.
``Sec. 572. Relationship to existing law
``(a) Rights To Intervene.--Nothing in this chapter shall be
construed to limit the right of any individual or group of individuals
to initiate, intervene in, or otherwise participate in any proceeding
before a regulatory agency or court, nor to relieve any regulatory
agency, court, or other public body of any obligation, or affect its
discretion to permit intervention or participation by an individual or
group or class of consumers, employees or citizens in any proceeding or
activity.
``(b) State Law.--Nothing in this chapter preempts any State law or
otherwise affects any State authority to adopt or enforce any State
law.
``Sec. 573. Construction
``This chapter shall be construed in such a manner as best to
represent and protect the interests of the public.
``Sec. 574. Definitions for chapter
``In this chapter--
``(1) the term `product supervisor'--
``(A) means--
``(i) an officer or director of a
corporation or an association;
``(ii) a partner of a partnership; or
``(iii) any employee or other agent of a
corporation, association, or partnership having
duties such that the conduct of such employee
or agent may fairly be assumed to represent the
policy of the corporation, association, or
partnership; and
``(B) includes persons having management
responsibility for--
``(i) submissions to a Federal agency
regarding the development or approval of any
product;
``(ii) production, quality assurance, or
quality control of any product; or
``(iii) research and development of any
product;
``(2) the term `product' means a product or service of a
business entity that enters or will enter interstate commerce;
``(3) the term `business entity' means any corporation,
company, association, firm, partnership, or other business
entity or a sole proprietor;
``(4) the term `business practice' means a method or
practice of manufacturing, assembling, designing, researching,
importing or distributing a product that enters or will enter
interstate commerce, conducting, providing or preparing to
provide a service that enters or will enter interstate
commerce, or otherwise carrying out business operations related
to products or services that enter or will enter interstate
commerce;
``(5) the term `serious danger', used with respect to a
product or business practice, means a danger, not readily
apparent to the average person, that the normal or reasonably
foreseeable use of, or the exposure of a human being to, that
product or business practice may cause death or serious bodily
injury to a human being;
``(6) the term `serious bodily injury' means an impairment
of physical condition, including as result of trauma,
repetitive motion or disease, that--
``(A) creates a substantial risk of death; or
``(B) causes--
``(i) serious permanent disfigurement;
``(ii) unconsciousness;
``(iii) extreme pain; or
``(iv) permanent or protracted loss or
impairment of the function of any bodily
member, organ, bodily system, or mental
faculty;
``(7) the term `appropriate Federal agency' means any
agency with jurisdiction over the product or business practice;
and
``(8) the term `warn affected employees', used with respect
to a serious danger, means take reasonable steps to give
sufficient description of the serious danger to all individuals
working for or in the business entity who are likely to be
subject to the serious danger in the course of that work to
make those individuals aware of that danger.''.
(b) Clerical Amendment.--The table of chapters for title 18, United
States Code, is amended by inserting, after the item relating to
chapter 27, the following:
``28. Dangerous products.................................... 571''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act take effect 180 days after the date
of enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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