[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1261 Referred in House (RFH)]
108th CONGRESS
1st Session
S. 1261
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 1, 2003
Referred to the Committee on Energy and Commerce
_______________________________________________________________________
AN ACT
To reauthorize the Consumer Product Safety Commission, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Product Safety Commission
Reauthorization Act of 2003''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 32(a) of the Consumer Product Safety Act (15 U.S.C.
2081(a)) is amended by striking paragraphs (1) and (2) and inserting
the following:
``(1) $60,000,000 for fiscal Year 2004;
``(2) $66,800,000 for fiscal year 2005;
``(3) $70,100,000 for fiscal year 2006; and
``(4) $73,600,000 for fiscal year 2007.''.
SEC. 3. FTE STAFFING LEVELS.
Section 4(g) of the Consumer Product Safety Act (15 U.S.C. 2053(g))
is amended by adding at the end the following:
``(5) The Commission is authorized to hire and maintain a full time
equivalent staff of 471 persons in each of fiscal years 2004 through
2007.''.
SEC. 4. EXECUTIVE DIRECTOR AND OFFICERS.
So much of section 4(g) of the Consumer Product Safety Act (15
U.S.C. 2053(g)(1) as precedes subparagraph (B) is amended to read as
follows:
``(g) Executive Director; Officers and Employees.--(1)(A) The
Chairman, subject to the approval of the Commission, shall appoint as
officers of the Commission an Executive Director, a General Counsel, an
Associate Executive Director for Engineering Sciences, an Associate
Executive Director for Laboratory Sciences, an Associate Executive
Director for Epidemiology, an Associate Executive Director for Health
Sciences, an Assistant Executive Director for Compliance, an Associate
Executive Director for Economic Analysis, an Associate Executive
Director for Administration, an Associate Executive Director for Field
Operations, an Assistant Executive Director for Office of hazard
Identification and Reduction, an Assistant Executive Director for
Information Services, and a Director for Office of Information and
Public Affairs. Any other individual appointed to a position designated
as an Assistant or Associate Executive Director shall be appointed by
the Chairman, subject to the approval of the Commission. The Chairman
may only appoint an attorney to the position of Assistant Executive
Director for Compliance, but this restriction does not apply to the
position of Acting Assistant Executive Director for Compliance.''.
SEC. 5. SUBSTANTIAL PRODUCT HAZARD RECALLS.
Section 15 of the Consumer Product Safety Act (15 U.S.C. 2064) is
amended by adding at the end the following:
``(i) Commission-Financed Recalls.--
``(1) In general.--The Commission may take the actions
otherwise required of a manufacturer, retailer, or distributor
under subsection (c)(1), (2), and (3) with respect to a product
if the Commission--
``(A) staff makes a preliminary hazard
determination that a product presents a substantial
product hazard classified as a Class A or B product
hazard (as defined in the Commission's Recall Handbook)
or the Commission makes a substantial product hazard
determination classified as a Class A or B product
hazard (as defined in the Commission's Recall Handbook)
with respect to such a product; and
``(B) finds that--
``(i) notification of the hazard is in the
public interest; and
``(ii) the manufacturer, retailer, or
distributor is financially unable to provide
adequate notification.
``(2) Implementing regulations.--Not more than 120 days
after the date of enactment of the Consumer Product Safety
Commission Reauthorization Act of 2003, the Commission shall
prescribe regulations to implement paragraph (1). In
promulgating such regulations, the Commission shall establish
strict standards for ensuring that Commission funding is
expended only on the product recall notifications of
manufacturers, retailers, or distributors that are financially
unable to effect adequate notifications required by this
section.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to the Commission for each fiscal
year $2,000,000 to carry out this subsection.''.
SEC. 6. INCREASE IN CIVIL PENALTIES.
Section 20(a)(1) of the Consumer Product Safety Act (15 U.S.C.
2069(a)(1)) is amended by striking ``$1,250,000'' each place it appears
and inserting ``$20,000,000''.
Passed the Senate September 30 (legislative day, September
29), 2003.
Attest:
EMILY J. REYNOLDS,
Secretary.