To ensure that the Commission appropriately addresses impacts on small businesses of the revised civil penalties provisions.

SA 4143. Ms. SNOWE (for herself and Mr. Kerry) 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; 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.

Insert at end of 15 U.S.C. Section 2069(b), “, including how to mitigate undue adverse economic impacts on small businesses.”

Insert in 15 U.S.C. Section 2069(c), after “size of the business of the person charged,” “including how to mitigate undue adverse economic impacts on small businesses,”