H.R. 7096 – CAP Act | Legislate.dev

AI-Generated Summary

Updated January 20, 2026 at 2:16 PM UTC

The Consumer Advocacy and Protection (CAP) Act amends the Consumer Product Safety Act to raise the maximum civil penalties for product safety violations and to create a regular inflation‑adjustment process for those penalties. It affects manufacturers, importers and any persons subject to CPSA enforcement by increasing potential fines and updating how they are calculated.

Key Provisions

Increases the base civil penalty for a single violation from $100,000 to $250,000.
Expands the list of violations that can trigger the higher penalty and removes the $15 million cap for a related series of violations.
Adds a yearly inflation‑adjustment rule that raises the maximum penalty based on changes in the Consumer Price Index, with the adjusted amount published in the Federal Register.
Makes minor wording changes to sections 20(c) and 20(d) of the CPSA (e.g., changing “man” to “person”).

Legislative Activity

Stay on top of the latest movement without scrolling through every action

2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Innovation, Data, and Commerce.

Commerce, Manufacturing, and Trade Subcommittee

January 26, 2024

View full timeline

HouseIntro Referral

Introduced in House

January 25, 2024

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

January 25, 2024

HouseCommittee

Referred to the Subcommittee on Innovation, Data, and Commerce.

Commerce, Manufacturing, and Trade Subcommittee

January 26, 2024

Bill Text

Latest available legislative text

Reading Mode

Raw Text PDF XML

Introduced in HouseIssued January 25, 2024

I

118th CONGRESS

2d Session

H. R. 7096

IN THE HOUSE OF REPRESENTATIVES

January 25, 2024

Ms. Schakowsky (for herself and Mrs. Watson Coleman) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Consumer Product Safety Act to strike provisions relating to the maximum civil penalties for violations of product safety standards.

1.

Short title

This Act may be cited as the Consumer Advocacy and Protection Act or the CAP Act.

2.

Amendments to the Consumer Product Safety Act

(a)

Civil penalty cap

Section 20(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2069(a)(1)) is amended—

(1)

in the first sentence, by striking $100,000 and inserting $250,000;

(2)

in the second sentence—

(A)

by striking or (11) and inserting (11), (12), (15), or (16); and

(B)

by striking , except that the maximum civil penalty shall not exceed $15,000,000 for any related series of violations; and

(3)

in the third sentence by striking , except that the maximum civil penalty shall not exceed $15,000,000 for any related series of violations.

(b)

Adjustment for inflation

Section 20(a)(3) of the Consumer Product Safety Act (15 U.S.C. 2069(a)(3)) is amended—

(1)

by striking subparagraph (B) and inserting the following:

(B)

Not later than one year after the date of enactment of this subparagraph, and not later than January 15 of every year thereafter, the Commission shall—

(i)

in accordance with subparagraph (C), determine the inflation adjusted maximum civil penalty for an individual violation; and

(ii)

publish each such inflation adjusted maximum civil penalty for an individual violation in the Federal Register.

;

(2)

by striking subparagraph (C) and inserting the following:

(C)(i)

The Commission shall adjust civil penalties in accordance with this subparagraph and shall make such adjustment notwithstanding section 553 of title 5, United States Code.

(ii)

The inflation adjusted maximum civil penalty for the purposes of subparagraph (B) shall be determined by increasing the prior year maximum civil monetary penalty by the cost-of-living adjustment. Any increase determined under this subparagraph shall be rounded to the nearest multiple of $1.

(iii)

For purposes of this subparagraph—

(I)

the term cost-of-living adjustment means the percentage (if any) by which—

(aa)

the Consumer Price Index for the month of October preceding the date of the adjustment; exceeds

(bb)

the Consumer Price Index for the month of October 1 one year before the month of October referred to in item (aa); and

(II)

the term Consumer Price Index means the Consumer Price Index for all-urban consumers published by the Department of Labor.

(iv)

If the civil penalty subject to a cost-of-living adjustment is, during the 12 months preceding a required cost-of-living adjustment, increased by law by an amount greater than the amount of the adjustment required under subparagraph (B), the Commission is not required to make the cost-of-living adjustment otherwise required for that year.

; and

(3)

by striking subparagraph (D).

(c)

Technical amendment

Section 20(c) of the Consumer Product Safety Act (15 U.S.C. 2069(c)) is amended, in the second sentence, by striking including, the and inserting including the.

(d)

Technical amendment

Section 20(d) of the Consumer Product Safety Act (15 U.S.C. 2069(d)) is amended, in the first sentence, by striking man and inserting person.