,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ddea ,,in ,,the ,,house ,,of ,,representatives ,april #aj1 #bjad ,mr4 ,conyers introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to provide for the protection of the general public1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,dangerous ,products ,warning ,act4 #b4 ,dangerous products 7a7 ,in general ,part #a of title #ah1 ,united ,states ,code1 is amended by inserting after chapter #bg the following3 #bh ,dangerous products ,sec4 #ega4 ,violations4 #egb4 ,relationship to existing law4 #egc4 ,construction4 #egd4 ,definitions for chapter4 #ega4 ,violations 7a7 ,failure ,to inform and warn ,whoever-- 7#a7 is a business entity or a product supervisor with respect to a product or business practice2 7#b7 knows of a serious danger associated with such product 7or a component of that product7 or business practice2 and 7#c7 knowingly fails within #ae days after such discovery is made 7or if there is imminent risk of serious bodily injury or death1 immediately7 to do any of the following3 7,a7 ,to inform an appropriate ,federal agency in writing1 unless such product supervisor has actual knowledge that such an agency has been so informed4 7,b7 ,to warn affected employees in writing1 unless such product supervisor has actual knowledge that such employees have been so warned4 7,c7 ,to inform persons other than affected employees at risk if they can reasonably be identified4 shall be fined under this title or imprisoned not more than #e years1 or both4 7b7 ,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 year1 or both4 7c7 ,nonpayment by business entities ,if a fine is imposed on an individual under this section1 such fine shall not be paid1 directly or indirectly1 out of the assets of any business entity on behalf of that individual4 #egb4 ,relationship to existing law 7a7 ,rights ,to intervene ,nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate1 intervene in1 or otherwise participate in any proceeding before a regulatory agency or court1 nor to relieve any regulatory agency1 court1 or other public body of any obligation1 or affect its discretion to permit intervention or participation by an individual or group or class of consumers1 employees or citizens in any proceeding or activity4 7b7 ,state law ,nothing in this chapter preempts any ,state law or otherwise affects any ,state authority to adopt or enforce any ,state law4 #egc4 ,construction ,this chapter shall be construed in such a manner as best to represent and protect the interests of the public4 #egd4 ,definitions for chapter ,in this chapter-- 7#a7 the term product supervisor-- 7,a7 means-- 7i7 an officer or director of a corporation or an association2 7ii7 a partner of a partnership2 or 7iii7 any employee or other agent of a corporation1 association1 or partnership having duties such that the conduct of such employee or agent may fairly be assumed to represent the policy of the corporation1 association1 or partnership2 and 7,b7 includes persons having management responsibility for-- 7i7 submissions to a ,federal agency regarding the development or approval of any product2 7ii7 production1 quality assurance1 or quality control of any product2 or 7iii7 research and development of any product2 7#b7 the term product means a product or service of a business entity that enters or will enter interstate commerce2 7#c7 the term business entity means any corporation1 company1 association1 firm1 partnership1 or other business entity or a sole proprietor2 7#d7 the term business practice means a method or practice of manufacturing1 assembling1 designing1 researching1 importing or distributing a product that enters or will enter interstate commerce1 conducting1 providing or preparing to provide a service that enters or will enter interstate commerce1 or otherwise carrying out business operations related to products or services that enter or will enter interstate commerce2 7#e7 the term serious danger1 used with respect to a product or business practice1 means a danger1 not readily apparent to the average person1 that the normal or reasonably foreseeable use of1 or the exposure of a human being to1 that product or business practice may cause death or serious bodily injury to a human being2 7#f7 the term serious bodily injury means an impairment of physical condition1 including as result of trauma1 repetitive motion or disease1 that-- 7,a7 creates a substantial risk of death2 or 7,b7 causes-- 7i7 serious permanent disfigurement2 7ii7 unconsciousness2 7iii7 extreme pain2 or 7iv7 permanent or protracted loss or impairment of the function of any bodily member1 organ1 bodily system1 or mental faculty2 7#g7 the term appropriate ,federal agency means any agency with jurisdiction over the product or business practice2 and 7#h7 the term warn affected employees1 used with respect to a serious danger1 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 danger4 4 7b7 ,clerical amendment ,the table of chapters for title #ah1 ,united ,states ,code1 is amended by inserting1 after the item relating to chapter #bg1 the following3 #bh4;,dangerous products#ega 4 #c4 ,effective date ,the amendments made by this ,act take effect #ahj days after the date of enactment of this ,act4