S.Amdt. 4115Senate110th Congress (2007-2009)
S.Amdt. 4115
Sponsored by 
Sen. Jon Kyl (R-AZ)
Sen. Jon Kyl (R-AZ)Submitted March 5, 2008
Text
Submitted
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
TEXT OF AMENDMENTS
SA 4108. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 2663, to reform the Consumer Product Safety
Commission to provide greater protection for children's products, to
improve the screening of noncompliant consumer products, to improve the
effectiveness of consumer product recall programs, and for other
purposes; as follows:
On page 63, strike line 6 and all that follows through page
64, line 6, and insert the following:
in an amount not to exceed $15,000 for costs and expenses
(including attorneys' and expert witness fees) reasonably
incurred, as determined by the Secretary, by the complainant
for, or in connection with, the bringing of the complaint
upon which the order was issued.
``(C) If the Secretary finds that a complaint under
paragraph (1) is frivolous or has been brought in bad faith,
the Secretary may award to the prevailing employer a
reasonable attorneys' fee, not exceeding $15,000, to be paid
by the complainant.
``(4)(A) If the Secretary has not issued a final decision
within 210 days after the filing of the complaint, or within
90 days after receiving a written determination, the
complainant may bring an action at law or equity for review
in the appropriate district court of the United States with
jurisdiction, which shall have jurisdiction over such an
action without regard to the amount in controversy, and which
action shall, at the request of either party to such action,
be tried by the court with a jury. The proceedings shall be
governed by the same legal burdens of proof specified in
paragraph (2)(B).
``(B) In an action brought under subparagraph (A), the
court may grant injunctive relief and compensatory damages to
the complainant. The court may also grant any other monetary
relief to the complainant available at law or equity, not
exceeding a total amount of $50,000, including consequential
damages, reasonable attorneys and expert witness fees, court
costs, and punitive damages.
``(C) If the court finds that an action brought under
subparagraph (A) is frivolous or has been brought in bad
faith, the court may award to the prevailing employer a
reasonable attorneys' fee, not exceeding $15,000, to be paid
by the complainant.
SA 4109. Mr. CASEY (for himself, Mr. Brown, and Ms. Landrieu)
submitted an amendment intended to be proposed by him to the bill S.
2663, to reform the Consumer Product Safety Commission to provide
greater protection for children's products, to improve the screening of
noncompliant consumer products, to improve the effectiveness of
consumer product recall programs, and for other purposes; as follows:
On page 103, after line 12, add the following:
SEC. 40. CONSUMER PRODUCT SAFETY STANDARDS USE OF
FORMALDEHYDE IN TEXTILE AND APPAREL ARTICLES.
(a) Study on Use of Formaldehyde in Manufacturing of
Textile and Apparel Articles.--Not later than 2 years after
the date of the enactment of this Act, the Consumer Product
Safety Commission shall conduct a study on the use of
formaldehyde in the manufacture of textile and apparel
articles, or in any component of such articles, to identify
any risks to consumers caused by the use of formaldehyde in
the manufacturing of such articles, or components of such
articles.
(b) Consumer Product Safety Standard.--Not later than 3
years after the date of the enactment of this Act, the
Consumer Product Safety Commission shall prescribe a consumer
product safety standard under section 7(a) of the Consumer
Product Safety Act (15 U.S.C. 2056(a)) with respect to
textile and apparel articles, and components of such
articles, in which formaldehyde was used in the manufacture
thereof.
(c) Rule to Establish Testing Program.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the Consumer Product Safety
Commission
[[Page S1601]]
shall prescribe under section 14(b) of such Act (15 U.S.C.
2063(b)) a reasonable testing program for textile and apparel
articles, and components of such articles, in which
formaldehyde was used in the manufacture thereof.
(2) Independent third party.--In prescribing the testing
program under paragraph (1), the Consumer Product Safety
Commission shall require, as a condition of receiving
certification under subsection (a) of section 14 of such Act
(15 U.S.C. 2063), that such articles or components are tested
by an independent third party qualified to perform such
testing program in accordance with the rules promulgated
under subsection (d) of such section, as added by section
10(c) of this Act.
(d) Preemption.--Nothing in this section or section
18(b)(1)(B) of the Federal Hazardous Substances Act (15
U.S.C. 1261 note) shall preclude or deny any right of any
State or political subdivision thereof to adopt or enforce
any provision of State or local law that--
(1) protects consumers from risks of illness or injury
caused by the use of hazardous substances in the manufacture
of textile and apparel articles, or components of such
articles; and
(2) provides a greater degree of such protection than that
provided under this section.
(e) Sense of the Congress.--Congress finds that:
(1) Formaldehyde has been a known health risk since the
1960s;
(2) As international trade in textiles has grown a number
of countries have recently recalled a number of textile
products for excessive levels of formaldehyde; and
(3) The Federal Emergency Management Agency and the Centers
for Disease Control released formaldehyde testing results
from trailers in Louisiana and Mississippi on February 14,
2008:
(A) Results of these tests showed levels of toxic
formaldehyde that were on average five times as high as
normal;
(B) Formaldehyde in textiles is a known contributor to
increased indoor air concentrations of formaldehyde; and
(C) The Centers for Disease Control has recommended
residents of the 2005 hurricanes living in Federal Emergency
Management Agency trailers immediately move out due to health
concerns.
______
SA 4110. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill S. 2663, to reform the Consumer Product Safety
Commission to provide greater protection for children's products, to
improve the screening of noncompliant consumer products, to improve the
effectiveness of consumer product recall program, and for other
purposes; which was ordered to lie on the table; as follows:
On page 103, after line 12, add the following:
SEC. 40. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON CIVIL
PENALTIES.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall initiate a study to assess the amount of
civil penalties imposed and authorized to be imposed pursuant
to the Consumer Product Safety Act (15 U.S.C. 2051 et seq.)
and other Federal regulatory laws.
(b) Federal Regulatory Laws Defined.--In this section, the
term ``Federal regulatory laws'' means Federal laws designed
to protect the safety of the public, including the Consumer
Product Safety Act (15 U.S.C. 2051 et seq.), chapter 301 of
title 49, United States Code (relating to motor vehicle
safety), the Federal Food, Drug and Cosmetic Act (21 U.S.C.
301 et seq.), the Securities Exchange Act of 1934 (15 U.S.C.
78a et seq.), and laws relating to environmental protection.
(c) Contents.--The study required under subsection (a)
shall--
(1) compare and assess--
(A) the maximum amount of civil penalties that may be
imposed pursuant to the Consumer Product Safety Act (15
U.S.C. 2051 et seq.) and other Federal regulatory laws;
(B) the actual amount of penalties imposed by Federal
agencies pursuant to the Consumer Product Safety Act and
other Federal regulatory laws; and
(C) the costs to manufacturers and other persons of
complying with the Consumer Product Safety Act, other Federal
regulatory laws, and regulations promulgated pursuant to such
Act and laws, including costs associated with recalls of
products; and
(2) include recommendations regarding the amount of civil
penalties appropriate to further the purposes of the Consumer
Product Safety Act and other Federal regulatory laws,
considering--
(A) the deterrent effect of civil penalties; and
(B) the actual and potential burdens of civil penalties on
large and small businesses.
(d) Submission to Congress.--The Comptroller General of the
United States shall submit the study required under
subsection (a) to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives not later than 1
year after the date of the enactment of this Act.
______
SA 4111. Mr. KOHL (for himself, Mr. Graham, and Mr. Leahy) submitted
an amendment intended to be proposed by him to the bill S. 2663, to
reform the Consumer Product Safety Commission to provide greater
protection for children's products, to improve the screening of
noncompliant consumer products, to improve the effectiveness of
consumer product recall programs, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of the bill, add the following:
SEC. 40. SUNSHINE IN LITIGATION.
(a) Short Title.--This section may be cited as the
``Sunshine in Litigation Act of 2008''.
(b) Restrictions on Protective Orders and Sealing of Cases
and Settlements.--
(1) In general.--Chapter 111 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 1660. Restrictions on protective orders and sealing of
cases and settlements
``(a)(1) A court shall not enter an order under rule 26(c)
of the Federal Rules of Civil Procedure restricting the
disclosure of information obtained through discovery, an
order approving a settlement agreement that would restrict
the disclosure of such information, or an order restricting
access to court records in a civil case unless the court has
made findings of fact that--
``(A) such order would not restrict the disclosure of
information which is relevant to the protection of public
health or safety; or
``(B)(i) the public interest in the disclosure of potential
health or safety hazards is outweighed by a specific and
substantial interest in maintaining the confidentiality of
the information or records in question; and
``(ii) the requested protective order is no broader than
necessary to protect the privacy interest asserted.
``(2) No order entered in accordance with paragraph (1),
other than an order approving a settlement agreement, shall
continue in effect after the entry of final judgment, unless
at the time of, or after, such entry the court makes a
separate finding of fact that the requirements of paragraph
(1) have been met.
``(3) The party who is the proponent for the entry of an
order, as provided under this section, shall have the burden
of proof in obtaining such an order.
``(4) This section shall apply even if an order under
paragraph (1) is requested--
``(A) by motion pursuant to rule 26(c) of the Federal Rules
of Civil Procedure; or
``(B) by application pursuant to the stipulation of the
parties.
``(5)(A) The provisions of this section shall not
constitute grounds for the withholding of information in
discovery that is otherwise discoverable under rule 26 of the
Federal Rules of Civil Procedure.
``(B) No party shall request, as a condition for the
production of discovery, that another party stipulate to an
order that would violate this section.
``(b)(1) A court shall not approve or enforce any provision
of an agreement between or among parties to a civil action,
or approve or enforce an order subject to subsection (a)(1),
that prohibits or otherwise restricts a party from disclosing
any information relevant to such civil action to any Federal
or State agency with authority to enforce laws regulating an
activity relating to such information.
``(2) Any such information disclosed to a Federal or State
agency shall be confidential to the extent provided by law.
``(c)(1) Subject to paragraph (2), a court shall not
enforce any provision of a settlement agreement described
under subsection (a)(1) between or among parties that
prohibits 1 or more parties from--
``(A) disclosing that a settlement was reached or the terms
of such settlement, other than the amount of money paid; or
``(B) discussing a case, or evidence produced in the case,
that involves matters related to public health or safety.
``(2) Paragraph (1) does not apply if the court has made
findings of fact that the public interest in the disclosure
of potential health or safety hazards is outweighed by a
specific and substantial interest in maintaining the
confidentiality of the information.
``(d) When weighing the interest in maintaining
confidentiality under this section, there shall be a
rebuttable presumption that the interest in protecting
personally identifiable information relating to financial,
health or other similar information of an individual
outweighs the public interest in disclosure.
``(e) Nothing in this section shall be construed to permit,
require, or authorize the disclosure of classified
information (as defined under section 1 of the Classified
Information Procedures Act (18 U.S.C. App.)).''.
(2) Technical and conforming amendment.--The table of
sections for chapter 111 of title 28, United States Code, is
amended by adding after the item relating to section 1659 the
following:
``1660. Restrictions on protective orders and sealing of cases and
settlements.''.
(c) Effective Date.--The amendments made by this section
shall--
(1) take effect 30 days after the date of enactment of this
Act; and
(2) apply only to orders entered in civil actions or
agreements entered into on or after such date.
______
SA 4112. Mrs. BOXER (for herself, Mr. Coleman, and Mr. Martinez)
submitted an amendment intended to be
[[Page S1602]]
proposed by her to the bill S. 2663, to reform the Consumer Product
Safety Commission to provide greater protection for children's
products, to improve the screening of noncompliant consumer products,
to improve the effectiveness of consumer product recall program, and
for other purposes; which was ordered to lie on the table; as follows:
On page 32, line 2, insert ``that provides a direct means
of purchase'' before ``posted by a manufacturer''.
______
SA 4113. Mr. REID (for Mr. Obama (for himself and Mr. Cardin))
submitted an amendment intended to be proposed by Mr. Reid to the bill
S. 2663, to reform the Consumer Product Safety Commission to provide
greater protection for children's products, to improve the screening of
noncompliant consumer products, to improve the effectiveness of
consumer product recall programs, and for other purposes; which was
ordered to lie on the table; as follows:
On page 103, after line 12, insert the following:
SEC. 40. REQUIREMENTS FOR RECALL NOTICES.
(a) In General.--Section 15 (15 U.S.C. 2064) is amended by
adding at the end the following:
``(i) Requirements for Recall Notices.--
``(1) In general.--If the Commission determines that a
product distributed in commerce presents a substantial
product hazard and that action under subsection (d) is in the
public interest, the Commission may order the manufacturer or
any distributor or retailer of the product to distribute
notice of the action to the public. The notice shall include
the following:
``(A) A description of the product, including--
``(i) the model number or stock keeping unit (SKU) number
of the product;
``(ii) the names by which the product is commonly known;
and
``(iii) a photograph of the product.
``(B) A description of the action being taken with respect
to the product.
``(C) The number of units of the product with respect to
which the action is being taken.
``(D) A description of the substantial product hazard and
the reasons for the action.
``(E) An identification of the manufacturers, importers,
distributers, and retailers of the product.
``(F) The locations where, and Internet websites from
which, the product was sold.
``(G) The name and location of the factory at which the
product was produced.
``(H) The dates between which the product was manufactured
and sold.
``(I) The number and a description of any injuries or
deaths associated with the product, the ages of any
individuals injured or killed, and the dates on which the
Commission received information about such injuries or
deaths.
``(J) A description of--
``(i) any remedy available to a consumer;
``(ii) any action a consumer must take to obtain a remedy;
and
``(iii) any information a consumer needs to take to obtain
a remedy or information about a remedy, such as mailing
addresses, telephone numbers, fax numbers, and email
addresses.
``(K) Any other information the Commission determines
necessary.
``(2) Notices in languages other than english.--The
Commission may require a notice described in paragraph (1) to
be distributed in a language other than English if the
Commission determines that doing so is necessary to
adequately protect the public.''.
(b) Publication of Information on Recalled Products.--
Beginning not later than 1 year after the date of the
enactment of this Act, the Consumer Product Safety Commission
shall make the following information available to the public
as the information becomes available to the Commission:
(1) Progress reports and incident updates with respect to
action plans implemented under section 15(d) of the Consumer
Product Safety Act (15 U.S.C. 2064(d)).
(2) Statistics with respect to injuries and deaths
associated with products that the Commission determines
present a substantial product hazard under section 15(c) of
the Consumer Product Safety Act (15 U.S.C. 2064(c)).
(3) The number and type of communication from consumers to
the Commission with respect to each product with respect to
which the Commission takes action under section 15(d) of the
Consumer Product Safety Act (15 U.S.C. 2064(d)).
______
SA 4114. Mr. REID (for Mr. Obama) submitted an amendment intended to
be proposed by Mr. Reid to the bill S. 2663, to reform the Consumer
Product Safety Commission to provide greater protection for children's
products, to improve the screening of noncompliant consumer products,
to improve the effectiveness of consumer product recall program, and
for other purposes; which was ordered to lie on the table; as follows:
On page 103, after line 12, add the following:
SEC. 40. STUDY AND REPORT ON EFFECTIVENESS OF AUTHORITIES
RELATING TO SAFETY OF IMPORTED CONSUMER
PRODUCTS.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General of the United States
shall--
(1) conduct a study of the authorities and provisions of
the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) to
assess the effectiveness of such authorities and provisions
in preventing unsafe consumer products from entering the
customs territory of the United States;
(2) develop a plan to improve the effectiveness of the
Consumer Product Safety Commission in preventing unsafe
consumer products from entering such customs territory; and
(3) submit to Congress a report on the findings of the
Comptroller General with respect to paragraphs (1) through
(3), including legislative recommendations related to--
(A) inspection of foreign manufacturing plants by the
Consumer Product Safety Commission; and
(B) requiring foreign manufacturers to consent to the
jurisdiction of United States courts with respect to
enforcement actions by the Consumer Product Safety
Commission.
______
SA 4115 Mr. KYL submitted an amendment intended to be proposed by him
to the bill S. 2663, to reform the Consumer Product Safety Commission
to provide greater protection for children's products, to improve the
screening of noncompliant consumer products, to improve the
effectiveness of consumer product recall programs, and for other
purposes; which was ordered to lie on the table; as follows:
At page 61, lines 11 and 23, insert the word
``substantial'' before ``contributing factor''.
At page 61, line 17, and at page 62, line 2, strike ``clear
and convincing evidence'' and insert ``a preponderance of the
evidence''.
______
SA 4116. Mr. KYL submitted an amendment intended to be proposed by
him to the bill S. 2663, to reform the Consumer Product Safety
Commission to provide greater protection for children's products, to
improve the screening of noncompliant consumer products, to improve the
effectiveness of consumer product recall programs, and for other
purposes; which was ordered to lie on the table; as follows:
At page 58, insert between lines 7 and 8 the following:
``(h) If private counsel is retained to assist in any civil
action under subsection (a), the State may not demand or
receive discovery of information that is protected by the
attorney-client privilege, unless a private party would be
able to obtain discovery of the same information in a
comparable private civil action.''
______
SA 4117. Mr. KYL submitted an amendment intended to be proposed by
him to the bill S. 2663, to reform the Consumer Product Safety
Commission to provide greater protection for children's products, to
improve the screening of noncompliant consumer products, to improve the
effectiveness of consumer product recall programs, and for other
purposes; which was ordered to lie on the table; as follows:
At page 64, line 6, and at page 65, line 17, insert after
the period the following:
``If the court finds that no genuine issue of fact or law
exists with regard to a claim asserted pursuant to this
paragraph that would allow a reasonable juror to find in
favor of the party presenting the claim, the court shall
award to the prevailing party 30 percent of the reasonable
attorney's fees that were incurred by the prevailing party in
connection with that claim.''
______
SA 4118. Mr. KYL submitted an amendment intended to be proposed by
him to the bill S. 2663, to reform the Consumer Product Safety
Commission to provide greater protection for children's products, to
improve the screening of noncompliant consumer products, to improve the
effectiveness of consumer product recall programs, and for other
purposes; which was ordered to lie on the table; as follows:
At page 58, line 7, insert before the quotation mark the
following:
``If private counsel is retained in any civil action under
subsection (a), the court shall review the fees proposed to
be paid to the private counsel and shall limit those fees to
an amount that is reasonable in light of the hours of work
actually performed by the private counsel and the risk of
nonpayment of fees assumed by that counsel when he agreed to
represent the party. The court may, as appropriate, retain
the services of an independent accounting firm to assist the
court in conducting a review under this subsection.''
______
SA 4119. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill S. 2663, to reform the Consumer Product Safety
Commission
[[Page S1603]]
to provide greater protection for children's products, to improve the
screening of noncompliant consumer products, to improve the
effectiveness of consumer product recall programs, and for other
purposes; which was ordered to lie on the table; as follows:
On page 92, between lines 9 and 10, insert the following:
(c) Use of Alternative Recall Notification Technology.--
(1) In general.--If new recall notification technology
becomes available and the Consumer Product Safety Commission
determines that such new recall notification technology is at
least as effective as the use of consumer registration forms,
then the Commission shall inform the public of its findings,
report to Congress, and shall allow manufacturers that
utilize such new recall technology as an alternative means of
fulfilling the requirements of subsection (c). The Commission
shall make a determination as to the effectiveness of such
new recall notification technology after a minimum of 6
months, but no more than 1 year of testing or empirical study
or a combination thereof and shall issue its determination no
later than 1 year after conclusion of such testing or
empirical study.
(2) Regulations.--The Commission shall prescribe
regulations to carry out this subsection.
______
SA 4120. Ms. LANDRIEU (for herself and Mrs. Boxer) submitted an
amendment intended to be proposed by her to the bill S. 2663, to reform
the Consumer Product Safety Commission to provide greater protection
for children's products, to improve the screening of noncompliant
consumer products, to improve the effectiveness of consumer product
recall programs, and for other purposes; which was ordered to lie on
the table; as follows:
On page 92, between lines 9 and 10, insert the following:
(c) Use of Alternative Recall Notification Technology.--
(1) In general.--If the Commission determines that a recall
notification technology can be used by a manufacturer of
durable infant or toddler products and such technology is as
effective or more effective in facilitating recalls of
durable infant or toddler products as the registration forms
required by subsection (a)--
(A) the Commission shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report on such determination; and
(B) a manufacturer of durable infant or toddler products
that uses such technology in lieu of such registration forms
to facilitate recalls of durable infant or toddler products
shall be considered in compliance with the regulations
promulgated under such subsection with respect to
subparagraphs (A) and (B) of paragraph (1) of such
subsection.
(2) Study and report.--Not later than 1 year after the date
of the enactment of this Act and periodically thereafter as
the Commission considers appropriate, the Commission shall--
(A) for a period of not less than 6 months and not more
than 1 year--
(i) conduct a review of recall notification technology; and
(ii) assess, through testing and empirical study, the
effectiveness of such technology in facilitating recalls of
durable infant or toddler products; and
(B) submit to the committees described in paragraph (1)(A)
a report on the review and assessment required by
subparagraph (A).
(3) Regulations.--The Commission shall prescribe
regulations to carry out this subsection.
______
SA 4121. Mr. BUNNING (for himself and Ms. Stabenow) submitted an
amendment intended to be proposed by him to the bill S. 2663, to reform
the Consumer Product Safety Commission to provide greater protection
for children's products, to improve the screening of noncompliant
consumer products, to improve the effectiveness of consumer product
recall programs, and for other purposes; which was ordered to lie on
the table; as follows:
At the end, add the following:
TITLE __--EXCHANGE RATES
SEC. __01. SHORT TITLE.
This title may be cited as the ``China Currency
Manipulation Act of 2008''.
SEC. __02. FINDINGS.
Congress makes the following findings:
(1) The People's Republic of China has a material global
current account surplus.
(2) The People's Republic of China has, since 2000,
accumulated a current account surplus with the United States
of approximately $1,200,000,000,000, twice the size of the
current account surplus of any other United States trade
partner.
(3) The People's Republic of China has engaged in
protracted large-scale intervention in currency markets,
thereby subsidizing Chinese-made products and erecting a
formidable nontariff barrier to trade to United States
exports to the People's Republic of China, in contravention
of the spirit and intent of the General Agreement on Tariffs
and Trade and the Articles of Agreement of the International
Monetary Fund.
SEC. __03. ACTION TO ACHIEVE FAIR CURRENCY.
(a) Determination.--Notwithstanding any other provision of
law, the Secretary of the Treasury shall make an affirmative
determination that the People's Republic of China is
manipulating its currency within the meaning of section
3004(b) of the Exchange Rates and International Economic
Policies Coordination Act of 1988 (22 U.S.C. 5304(b)) and
take the action described in subsections (b), (c), and (d).
(b) Action.--
(1) In general.--The Secretary of the Treasury shall, not
later than 30 days after the date of the enactment of this
Act, establish a plan of action to remedy currency
manipulation by the People's Republic of China, and submit a
report regarding that plan, to the Committee on Banking,
Housing, and Urban Affairs and the Committee on Finance of
the Senate and the Committee on Financial Services and the
Committee on Ways and Means of the House of Representatives.
(2) Benchmarks.--The report described in paragraph (1)
shall include specific benchmarks and timeframes for
correcting the currency manipulation.
(c) Initial Negotiations.--The Secretary shall initiate, on
an expedited basis, bilateral negotiations with the People's
Republic of China for the purpose of ensuring that the
country regularly and promptly adjusts the rate of exchange
between its currency and the United States dollar to permit
effective balance of payment adjustments and to eliminate the
unfair competitive advantage.
(d) Coordination With the International Monetary Fund.--The
Secretary of the Treasury shall, not later than 30 days after
the date of the enactment of this Act, instruct the Executive
Director to the International Monetary Fund to use the voice
and vote of the United States, including requesting
consultations under Article IV of the Articles of Agreement
of the International Monetary Fund, for the purpose of
ensuring the People's Republic of China regularly and
promptly adjusts the rate of exchange between its currency
and the United States dollar to permit effective balance of
payments adjustments and to eliminate the unfair competitive
advantage in trade.
______
SA 4122. Mr. DORGAN proposed an amendment to the bill S. 2663, to
reform the Consumer Product Safety Commission to provide greater
protection for children's products, to improve the screening of
noncompliant consumer products, to improve the effectiveness of
consumer product recall programs, and for other purposes; as follows:
On page 25, beginning with line 21, strike through line 13
on page 29 and insert the following:
``(3) Third party laboratory.--
``(A) In general.--The term `third party laboratory' means
a testing entity that--
``(i) is designated by the Commission, or by an independent
standard-setting organization to which the Commission
qualifies as capable of making such a designation, as a
testing laboratory that is competent to test products for
compliance with applicable safety standards under this Act
and other Acts enforced by the Commission; and
``(ii) is a non-governmental entity that is not owned,
managed, or controlled by the manufacturer or private
labeler.
``(B) Testing and certification of art materials and
products.--A certifying organization (as defined in appendix
A to section 1500.14(b)(8) of title 16, Code of Federal
Regulations) meets the requirements of subparagraph (A)(ii)
with respect to the certification of art material and art
products required under this section or by regulations issued
under the Federal Hazardous Substances Act.
``(C) Provisional certification.--
``(i) In general.--Upon application made to the Commission
less than 1 year after the date of enactment of the CPSC
Reform Act, the Commission may provide provisional
certification of a laboratory described in subparagraph (A)
of this paragraph upon a showing that the laboratory--
``(I) is certified under laboratory testing certification
procedures established by an independent standard-setting
organization; or
``(II) provides consumer safety protection that is equal to
or greater than that which would be provided by use of an
independent third party laboratory.
``(ii) Deadline.--The Commission shall grant or deny any
such application within 45 days after receiving the completed
application.
``(iii) Expiration.--Any such certification shall expire 90
days after the date on which the Commission publishes final
rules under subsections (a)(2) and (d).
``(iv) Anti-gap provision.--Within 45 days after receiving
a complete application for certification under the final rule
prescribed under subsections (a)(2) and (d) of this section
from a laboratory provisionally certified under this
subparagraph, the Commission shall grant or deny the
application if the application is received by the Commission
no later than 45 days after the date on which the Commission
publishes such final rule.
[[Page S1604]]
``(D) Decertification.--The Commission, or an independent
standard-setting organization to which the Commission has
delegated such authority, may decertify a third party
laboratory if it finds, after notice and investigation, that
a manufacturer or private labeler has exerted undue influence
on the laboratory.''.
______
SA 4123. Ms. COLLINS submitted an amendment intended to be proposed
by her to the bill S. 2663, to reform the Consumer Product Safety
Commission to provide greater protection for children's products, to
improve the screening of noncompliant consumer products, to improve the
effectiveness of consumer product recall programs, and for other
purposes; which was ordered to lie on the table; as follows:
On page 65, between lines 17 and 18, insert the following:
``(8) Notwithstanding paragraphs (1) through (7), a Federal
employee shall be limited to the remedies available under
chapters 12 and 23 of title 5, United States Code, for any
violation of this section.
______
SA 4124. Mr. DeMINT proposed an amendment to the bill S. 2663, to
reform the Consumer Product Safety Commission to provide greater
protection for children's products, to improve the screening of
noncompliant consumer products, to improve the effectiveness of
consumer product recall programs, and for other purposes; as follows:
Beginning on page 85, strike line 22 and all that follows
through page 86, line 8.
______
SA 4125. Mr. CORBIN submitted an amendment intended to be proposed by
him to the bill S. 2663, to reform the Consumer Product Safety
Commission to provide greater protection for children's products, to
improve the screening of noncompliant consumer products, to improve the
effectiveness of consumer product recall program, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. PUBLICLY AVAILABLE DATABASE OF TRIAL LAWYERS
WINDFALL PROFITS.
Section 6 (15 U.S.C. 2055) is amended by adding at the end
the following new subsections:
``(f) Publicly Available Database of Trial Lawyers Windfall
Profits.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the CPSC Reform Act, the Commission shall
establish and maintain a publicly available searchable
database accessible on the Commission's web site that
includes information about all civil actions filed after the
date of the enactment of this Act with respect to consumer
products. The database shall include, with respect to each
such civil action--
``(A) the identity of each law firm or attorney
representing the parties to such action;
``(B) information on lawyer's fees, rates, and the retainer
received by the Commission from--
``(i) lawyers, union members, teamsters, and lobbyists; and
``(ii) Federal, State, and local government agencies; and
``(C) the amount of any damages, fees, or other
compensation awarded, including a breakdown of the
disbursement of such damages, fees, or other compensation to
the parties to the action and each law firm or attorney
representing such parties.
``(2) Organization of database.--The Commission shall
categorize the information available on the database by date,
civil action, representing law firm or attorney, and any
other category the Commission determines to be in the public
interest.
``(3) Timing.--The Commission shall include in the database
the information referred to in paragraph (1) not later than
15 days after such information becomes available to the
Commission.
``(4) Application with consumer product safety database.--
If a civil action reported in the database pertains to
information reported in the database maintained under
subsection (b)(9), the results of the action shall be
included together with such report on such database.
``(g) Funding for Databases.--The databases established and
maintained under subsections (b) and (f) shall be funded
solely through amounts deposited into the CPSC Database
Maintenance Fund established under section __ of the CPSC
Reform Act.''.
SEC. __. CPSC DATABASE MAINTENANCE FUND.
(a) Establishment and Administration.--The Secretary of the
Treasury shall establish a special account in the Treasury of
the United States to be known as the CPSC Database
Maintenance Fund (in this section referred to as the
``Fund''). The Fund shall be administered by the Consumer
Product Safety Commission.
(b) Use of Fund.--The Commission shall use the assets of
the Fund only for the purpose of establishing and maintaining
the consumer product safety database and the civil action
fees and awards database under subsections (b) and (f),
respectively, of section 6 of the Consumer Product Safety Act
(15 U.S.C. 2055), as added by section 7(14) and section __,
respectively, of this Act.
(c) Deposits.--There shall be deposited into the Fund 1
percent of all costs and fees awarded to attorneys generals
with respect to civil actions under section 26A(g) of the
Consumer Product Safety Act, as added by section 20(a) of
this Act.
(d) Availability.--Amounts deposited under subsection (c)
shall constitute the assets of the Fund and remain available
until expended.
______
SA 4126. Mrs. BOXER (for herself, Mrs. Feinstein, Mr. Cardin, and Mr.
Lautenberg) submitted an amendment intended to be proposed by him to
the bill S. 2663, to reform the Consumer Product Safety Commission to
provide greater protection for children's products, to improve the
screening of noncompliant consumer products, to improve the
effectiveness of consumer product recall program, and for other
purposes; which was ordered to lie on the table; as follows:
On page 103, after line 12, add the following:
SEC. 40. PERCHLORATE MONITORING AND RIGHT-TO-KNOW.
(a) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) perchlorate--
(i) is a chemical used as the primary ingredient of solid
rocket propellant; and
(ii) is also used in fireworks, road flares, and other
applications;
(B) waste from the manufacture and improper disposal of
chemicals containing perchlorate is increasingly being
discovered in soil and water;
(C) according to the Government Accountability Office,
perchlorate contamination has been detected in water and soil
at almost 400 sites in the United States, with concentration
levels ranging from 4 parts per billion to millions of parts
per billion;
(D) the Government Accountability Office has determined
that the Environmental Protection Agency does not centrally
track or monitor perchlorate detections or the status of
perchlorate cleanup, so a greater number of contaminated
sites may already exist;
(E) according to the Government Accountability Office,
limited Environmental Protection Agency data show that
perchlorate has been found in 35 States and the District of
Columbia and is known to have contaminated 153 public water
systems in 26 States;
(F) those data are likely underestimates of total drinking
water exposure, as illustrated by the finding of the
California Department of Health Services that perchlorate
contamination sites have affected approximately 276 drinking
water sources and 77 drinking water systems in the State of
California alone;
(G) Food and Drug Administration scientists and other
scientific researchers have detected perchlorate in the
United States food supply, including in lettuce, milk,
cucumbers, tomatoes, carrots, cantaloupe, wheat, and spinach,
and in human breast milk;
(H)(i) perchlorate can harm human health, especially in
pregnant women and children, by interfering with uptake of
iodide by the thyroid gland, which is necessary to produce
important hormones that help control human health and
development;
(ii) in adults, the thyroid helps to regulate metabolism;
(iii) in children, the thyroid helps to ensure proper
mental and physical development; and
(iv) impairment of thyroid function in expectant mothers or
infants may result in effects including delayed development
and decreased learning capability;
(I)(i) in October 2006, researchers from the Centers for
Disease Control and Prevention published the largest, most
comprehensive study to date on the effects of low levels of
perchlorate exposure in women, finding that--
(I) significant changes existed in thyroid hormones in
women with low iodine levels who were exposed to perchlorate;
and
(II) even low-level perchlorate exposure may affect the
production of hormones by the thyroid in iodine-deficient
women; and
(ii) in the United States, about 36 percent of women have
iodine levels equivalent to or below the levels of the women
in the study described in clause (i);
(J) the Environmental Protection Agency has not established
a health advisory or national primary drinking water
regulation for perchlorate, but instead established a
``Drinking Water Equivalent Level'' of 24.5 parts per billion
for perchlorate, which--
(i) does not take into consideration all routes of exposure
to perchlorate;
(ii) has been criticized by experts as failing to
sufficiently consider the body weight, unique exposure, and
vulnerabilities of certain pregnant women and fetuses,
infants, and children; and
(iii) is based primarily on a small study and does not take
into account new, larger studies of the Centers for Disease
Control and Prevention or other data indicating potential
effects at lower perchlorate levels than previously found;
(K) on August 22, 2005 (70 Fed. Reg. 49094), the
Administrator proposed to extend the requirement that
perchlorate be monitored in drinking water under the final
rule entitled ``Unregulated Contaminant Monitoring Regulation
(UCMR) for Public Water Systems Revisions'' promulgated
pursuant to section
[[Page S1605]]
1445(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-
4(a)(2)); and
(L) on December 20, 2006, the Administrator signed a final
rule removing perchlorate from the list of contaminants for
which monitoring is required under the final rule entitled
``Unregulated Contaminant Monitoring Regulation (UCMR) for
Public Water Systems Revisions'' (72 Fed. Reg. 368 (January
4, 2007)).
(2) Purpose.--The purpose of this section is to require the
Administrator of the Environmental Protection Agency--
(A) to establish, not later than 90 days after the date of
enactment of this Act, a health advisory that--
(i) is fully protective of, and considers, the body weight
and exposure patterns of pregnant women, fetuses, newborns,
and children;
(ii) provides an adequate margin of safety; and
(iii) takes into account all routes of exposure to
perchlorate;
(B) to promulgate, not later than 120 days after the date
of enactment of this Act, a final regulation requiring
monitoring for perchlorate in drinking water; and
(C) to ensure the right of the public to know about
perchlorate in drinking water by requiring that consumer
confidence reports disclose the presence and potential health
effects of perchlorate in drinking water.
(b) Monitoring and Health Advisory for Perchlorate.--
Section 1412(b)(12) of the Safe Drinking Water Act (42 U.S.C.
300g-1(b)(12)) is amended by adding at the end the following:
``(C) Perchlorate.--
``(i) Health advisory.--Not later than 90 days after the
date of enactment of this subparagraph, the Administrator
shall publish a health advisory for perchlorate that fully
protects, with an adequate margin of safety, the health of
vulnerable persons (including pregnant women, fetuses,
newborns, and children), considering body weight and exposure
patterns and all routes of exposure.
``(ii) Monitoring regulations.--
``(I) In general.--The Administrator shall propose (not
later than 60 days after the date of enactment of this
subparagraph) and promulgate (not later than 120 days after
the date of enactment of this subparagraph) a final
regulation requiring--
``(aa) each public water system serving more than 10,000
individuals to monitor for perchlorate beginning not later
than October 31, 2008; and
``(bb) the collection of a representative sample of public
water systems serving 10,000 individuals or fewer to monitor
for perchlorate in accordance with section 1445(a)(2).
``(II) Duration.--The regulation shall be in effect unless
and until monitoring for perchlorate is required under a
national primary drinking water regulation for perchlorate.
``(iii) Consumer confidence reports.--Each consumer
confidence report issued under section 1414(c)(4) shall
disclose the presence of any perchlorate in drinking water,
and the potential health risks of exposure to perchlorate in
drinking water, consistent with guidance issued by the
Administrator.''.
______
SA 4127. Mrs. BOXER (for herself and Mr. Kennedy) submitted an
amendment intended to be proposed by her to the bill S. 2663, to reform
the Consumer Product Safety Commission to provide greater protection
for children's products, to improve the screening of noncompliant
consumer products, to improve the effectiveness of consumer product
recall programs, and for other purposes; which was ordered to lie on
the table; as follows:
On page 103, after line 12, add the following:
SEC. 40. BAN ON MICROWAVE POPCORN THAT CONTAINS
INTENTIONALLY-ADDED DIACETYL.
Notwithstanding any other provision of law, effective
January 1, 2009, microwave popcorn that contains
intentionally-added diacetyl shall be treated as banned under
such Act (15 U.S.C. 1261 et seq.) as if such microwave
popcorn were described by section 2(q)(1) of such Act (15
U.S.C. 1261(q)(1)), and the prohibitions contained in section
4 of such Act (15 U.S.C. 1263) shall apply to such microwave
popcorn.
______
SA 4128. Ms. KLOBUCHAR submitted an amendment intended to be proposed
by her to the bill S. 2663, to reform the Consumer Product Safety
Commission to provide greater protection for children's products, to
improve the screening of noncompliant consumer products, to improve the
effectiveness of consumer product recall program, and for other
purposes; which was ordered to lie on the table; as follows:
On page 68, strike lines 4 through 16, and insert the
following:
(1) Inaccessible components.--
(A) In general.--Subsection (a) does not apply to a
component of a children's product that is not accessible to a
child because it is not physically exposed by reason of a
sealed covering or casing and will not become physically
exposed through normal and reasonably foreseeable use and
abuse of the product.
(B) Inaccessibility proceeding.--Within 2 years after the
date of enactment of this Act, the Commission shall
promulgate a rule providing guidance with respect to what
product components, or classes of components, will be
considered to be inaccessible for purposes of subparagraph
(A).
(C) Application pending cpsc guidance.--Until the
Commission promulgates a rule pursuant to subparagraph (B),
the determination of whether a product component is
inaccessible to a child shall be made in accordance with the
requirements of subparagraph (A) for considering a component
to be inaccessible to a child.
(D) Certain barriers disqualified.--For purposes of this
paragraph, paint, coatings, or electroplating may not be
considered to be a barrier that would render lead in the
substrate inaccessible to a child through normal and
reasonably foreseeable use and abuse of the product.
______
SA 4129. Ms. SNOWE submitted an amendment intended to be proposed by
her to the bill S. 2663, to reform the Consumer Product Safety
Commission to provide greater protection for children's products, to
improve the screening of noncompliant consumer products, to improve the
effectiveness of consumer product recall programs, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Section 17(15 U.S.C. 2066) is amended by adding at the end
thereof the following:
``(i) The Commission may--
``(A) designate as a repeat offender, after notice and
opportunity for a hearing, any country found by the
Commission to have contributed on multiple occasions in the
preceding twelve months to the importation of a consumer
product in violation of subsection (a) (disregarding de
minimus violations thereof) by the intentional, knowing, or
reckless failure of its national or local government
officials to enforce its own health or safety laws,
regulations, or mandatory standards; and
``(B) refer any such country to United States Customs and
Border Protection with a recommendation that all or any
subset specified by the Commission of that country's consumer
product imports be temporarily denied entry for a period of
up to six months to allow U.S. inspections and corrective
action by the designated country to be undertaken.
``(2) The United States Customs and Border Protection shall
for the specified period deny entry to the specified consumer
product imports of any country referred to it under paragraph
(1)(B).
``(3) The Commission may renew any referral under paragraph
(1)(B), and any renewal of any referral made under this
paragraph, if it determines, after notice and opportunity for
hearing, that the designated country has yet to take
appropriate corrective action to enforce its own health or
safety laws, regulations, or mandatory standards.
``(4) To ensure compliance with international trade
obligations, the Commission shall not make a referral under
paragraph (1)(B) or a renewal of a referral under paragraph
(3) with respect to a country whose products the United
States has agreed to extend national treatment if it finds
that the United States, by the intentional, knowing, or
reckless failure of its national or local government
officials to enforce its own health or safety laws,
regulations, or mandatory standards, has on multiple
occasions in the preceding twelve months contributed to the
sale, offer for sale, manufacture for sale or distribution in
commerce of a consumer product that, had it been imported,
would have been refused admission under subsection (a)
(disregarding de minimus violations thereof).''
______
SA 4130. Mr. NELSON of Florida (for himself and Ms. Klobuchar)
submitted an amendment intended to be proposed by him to the bill S.
2663, to reform the Consumer Product Safety Commission to provide
greater protection for children's products, to improve the screening of
noncompliant consumer products, to improve the effectiveness of
consumer product recall programs, and for other purposes; which was
ordered to lie on the table; as follows:
On page 87, strike line 15 and insert the following:
SEC. 34. CONSUMER PRODUCT REGISTRATION FORMS AND STANDARDS
FOR DURABLE INFANT OR TODDLER PRODUCTS.
(a) Short Title.--This section may be cited as the ``Danny
Keysar Child Product Safety Notification Act''.
(b) Safety Standards.--
(1) In general.--The Commission shall--
(A) in consultation with representatives of consumer
groups, juvenile product manufacturers, and independent child
product engineers and experts, examine and assess the
effectiveness of any voluntary consumer product safety
standards for durable infant or toddler product; and
(B) in accordance with section 553 of title 5, United
States Code, promulgate consumer product safety rules that--
(i) are substantially the same as such voluntary standards;
or
(ii) are more stringent than such voluntary standards, if
the Commission determines
[[Page S1606]]
that more stringent standards would further reduce the risk
of injury associated with such products.
(2) Timetable for rulemaking.--Not later than 1 year after
the date of the enactment of this Act, the Commission shall
commence the rulemaking required under paragraph (1) and
shall promulgate rules for no fewer than 2 categories of
durable infant or toddler products every 6 months thereafter,
beginning with the product categories that the Commission
determines to be of highest priority, until the Commission
has promulgated standards for all such product categories.
Thereafter, the Commission shall periodically review and
revise the rules set forth under this subsection to ensure
that such rules provide the highest level of safety for such
products that is feasible.
______
SA 4131. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 2663, to reform the Consumer Product Safety
Commission to provide greater protection for children's products, to
improve the screening of noncompliant consumer products, to improve the
effectiveness of consumer product recall programs, and for other
purposes; which was ordered to lie on the table; as follows:
On page 70, strike lines 2 through 12 and insert the
following:
(a) Establishment of Units-of-Mass-Per-Area Standard.--The
Consumer Product Safety Commission, in cooperation with the
National Academy of Sciences and the National Institute of
Standards and Technology, shall study the feasibility of
establishing a measurement standard based on a units-of-mass-
per-area standard (similar to existing measurement standards
used by the Department of Housing and Urban Development and
the Environmental Protection Agency to measure for metals in
household paint and soil, respectively) that is statistically
comparable to the parts-per-million measurement standard
currently used in laboratory analysis.
(b) Report on Coordination With Environmental Protection
Agency on Safety Standards and Enforcement.--The Consumer
Product Safety Commission, in cooperation with the
Environmental Protection Agency, shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report--
(1) comparing the safety standards employed by the
Commission with respect to lead in children's products and
the environmental standards employed by the Environmental
Protection Agency with respect to lead under the Toxic
Substances Control Act (15 U.S.C. 2601 et seq.); and
(2) making recommendations for--
(A) modifying such standards to make them more consistent
and to facilitate interagency coordination; and
(B) coordinating enforcement actions of the Commission and
the Environmental Protection Agency with respect to
children's products containing lead, including toy jewelry
items.
______
SA 4132. Mr. BROWN (for himself and Mr. Casey) submitted an amendment
intended to be proposed by him to the bill S. 2663, to reform the
Consumer Product Safety Commission to provide greater protection for
children's products, to improve the screening of noncompliant consumer
products, to improve the effectiveness of consumer product recall
programs, and for other purposes; which was ordered to lie on the
table; as follows:
On page 103, after line 12, add the following:
SEC. 40. TEMPORARY REFUSAL OF ADMISSION INTO CUSTOMS
TERRITORY OF THE UNITED STATES OF CONSUMER
PRODUCTS MANUFACTURED BY COMPANIES THAT HAVE
VIOLATED CONSUMER PRODUCT SAFETY RULES.
(a) In General.--Section 17 (15 U.S.C. 2066), as amended by
section 38(e) of this Act, is amended by adding at the end
the following:
``(j) Temporary Refusal of Admission.--
``(1) In general.--A consumer product offered for
importation into the customs territory of the United States
(as defined in general note 2 of the Harmonized Tariff
Schedule of the United States) may be refused admission into
such customs territory until the Commission makes a
determination of admissibility under paragraph (2)(A) with
respect to such product if--
``(A) such product is manufactured by a manufacturer that
has, in the previous 18 months--
``(i) violated a consumer product safety rule; or
``(ii) manufactured a product that has been the subject of
an order under section 15(d); or
``(B) is offered for importation into such customs
territory by a manufacturer, distributor, shipper, or
retailer that has, in the previous 18 months--
``(i) offered for importation into such customs territory a
product that was refused under subsection (a) with respect to
any of paragraphs (1) through (4); or
``(ii) imported into such customs territory a product that
has been the subject of an order under section 15(d).
``(2) Determination of admissibility.--
``(A) In general.--The Commission makes a determination of
admissibility under this subparagraph with respect to a
consumer product that has been refused under paragraph (1) if
the Commission finds that the consumer product is in
compliance with all applicable consumer product safety rules.
``(B) Request for determination of admissibility.--
``(i) In general.--An interested party may submit a request
to the Commission for a determination of admissibility under
subparagraph (A) with respect to a consumer product that has
been refused under paragraph (1).
``(ii) Supporting evidence.--A request submitted under
clause (i) shall be accompanied by evidence that the consumer
product is in compliance with all applicable consumer product
safety rules.
``(iii) Actions.--Not later than 90 days after submission
of a request under clause (i) with respect to a consumer
product, the Commission shall take action on such request.
Such action may include--
``(I) making a determination of admissibility under
subparagraph (A) with respect to such consumer product; or
``(II) requesting information from the manufacturer,
distributor, shipper, or retailer of such consumer product.
``(iv) Failure to act.--If the Commission does not take
action on a request under clause (iii) with respect to a
consumer product on or before the date that is 90 days after
the date of the submission of such request under clause (i),
a determination of admissibility under subparagraph (A) with
respect to such consumer product shall be deemed to have been
made by the Commission on the 91st day after the date of such
submission.
``(3) Compliance with trade agreements.--The Commission
shall ensure that a refusal to admit into the customs
territory of the United States a consumer product under this
subsection is done in a manner consistent with bilateral,
regional, and multilateral trade agreements and the rights
and obligations of the United States.''.
(b) Rulemaking.--
(1) Notice.--Not later than 90 days after the date of the
enactment of this Act, the Consumer Product Safety Commission
shall issue a notice of proposed rulemaking with respect to
the regulations required by paragraph (2).
(2) Regulations.--Not later than 120 days after the date of
the publication of notice under paragraph (1), the Consumer
Product Safety Commission shall prescribe regulations to
carry out the provisions of the amendment made by subsection
(a).
(c) Consultation With Secretary of Homeland Security.--The
Consumer Product Safety Commission shall consult with the
Secretary of Homeland Security in carrying out the provisions
of this section and the amendment made by subsection (a).
______
SA 4133. Ms. SNOWE submitted an amendment intended to be proposed by
her to the bill S. 2663, to reform the Consumer Product Safety
Commission to provide greater protection for children's products, to
improve the screening of noncompliant consumer products, to improve the
effectiveness of consumer product recall programs, and for other
purposes; which was ordered to lie on the table; as follows:
On page 49, strike lines 8 through 15 and insert the
following:
establish additional criteria for the imposition of civil
penalties under section 20 of the Consumer Product Safety Act
(15 U.S.C. 2069) and any other Act enforced by the
Commission, including factors to be considered in
establishing the amount of such penalties, such as repeat
violations, the precedential value of prior adjudicated
penalties, the factors described in section 20(b) of the
Consumer Product Safety Act (15 U.S.C. 2069(b)), and other
circumstances (including how to mitigate undue adverse
economic impacts on small businesses, consistent with
principles and processes required under chapter 6 of title 5,
United States Code).
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Senate amendment submitted
March 5, 2008