S.Amdt. 4125

1. Adds SEC. __. PUBLICLY AVAILABLE DATABASE OF TRIAL LAWYERS WINDFALL PROFITS wherever appropriate

   Adds a section

   Inserted: SEC. __. PUBLICLY AVAILABLE DATABASE OF TRIAL LAWYERS WINDFALL PROFITS.

   Inserted: Section 6 (15 U.S.C. 2055) is amended by adding at the end the following new subsections:

   Inserted: "(f) Publicly Available Database of Trial Lawyers Windfall Profits.--

   Inserted: "(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--

   Inserted: "(A) the identity of each law firm or attorney representing the parties to such action;

   Inserted: "(B) information on lawyer's fees, rates, and the retainer received by the Commission from--

   Inserted: "(i) lawyers, union members, teamsters, and lobbyists; and

   Inserted: "(ii) Federal, State, and local government agencies; and

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

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   Inserted: "(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.".

   Inserted: SEC. __. CPSC DATABASE MAINTENANCE FUND.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (d) Availability.--Amounts deposited under subsection (c) shall constitute the assets of the Fund and remain available until expended.

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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As printed