S. 1847 – Reading Mode

110th CONGRESS

1st Session

S. 1847

IN THE SENATE OF THE UNITED STATES

July 23, 2007

Mr. Durbin (for himself and Mr. Nelson of Florida) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To reauthorize the Consumer Product Safety Act, and for other purposes.

Short title

This Act may be cited as the Consumer Product Safety Modernization Act of 2007.

Reauthorization of Consumer Product Safety Act

(a)

In general

Section 32(a) of the Consumer Product Safety Act (15 U.S.C. 2081) is amended by striking paragraphs (1) and (2), and inserting the following:

(1)

$70,000,000 for fiscal year 2008.

(2)

$77,500,000 for fiscal year 2009.

(3)

$85,000,000 for fiscal year 2010.

(4)

$92,500,000 for fiscal year 2011.

(5)

$100,000,000 for fiscal year 2012.

(b)

Repeal of quorum requirement for transaction of business

Section 4(d) of such Act (15 U.S.C. 2053(d)) is amended by striking , but three and all that follows through to decline to two.

(c)

Reduced period of notice to manufacturers and private labelers with respect to disclosure of information

Section 6(b)(1) of such Act (15 U.S.C. 2055(b)(1)) is amended by striking not less than 30 days and inserting not fewer than 10 days.

(d)

Expedition of release of information in case of noncooperation by manufacturer or private labeler

Section 6(b) of such Act (15 U.S.C. 2055(b)) is amended by adding at the end the following:

(9)

(A)

Notwithstanding any other provision of this subsection and paragraphs (5) and (6) of subsection (a), if the Commission makes an affirmative determination under subparagraph (B) with respect to information obtained under this Act pertaining to a consumer product of a manufacturer or private labeler, the Commission may immediately disclose such information to the public.

(B)

An affirmative determination under this subparagraph with respect to information obtained under this Act pertaining to a consumer product of a manufacturer or private labeler is a determination by the Commission that—

(i)

disclosure of such information is necessary to prevent an unreasonable risk to health and safety; and

(ii)

such manufacturer or private labeler is not cooperating with the Commission.

(C)

For purposes of subparagraph (B)(ii), a manufacturer or private labeler shall be considered uncooperative with the Commission if the Commission determines that such manufacturer or private labeler has failed to furnish information required by section 15(b) or to comply with an order under section 15(c) of such section within a reasonable amount of time.

(e)

Establishment of minimum fine for failure To comply with recall order

(1)

In general

Paragraph (1) of section 20(a) of such Act (15 U.S.C. 2069(a)(1)) is amended—

(A)

in the first sentence, by inserting and in the case of a person who violates subsection (a)(5) of such section, such person shall be subject to a civil penalty of not less than $500 for each such violation and not more than $5,000 for each such violation after for each such violation; and

(B)

in the third sentence, by striking of section 19(a)(3) and inserting of paragraph (3) or (5) of section 19(a).

(2)

Adjustment for inflation

Paragraph (3) of such section 20(a) is amended by striking maximum each place it appears and inserting minimum and maximum.

(f)

Increase in maximum civil penalties

Section 20(a)(1) of such Act (15 U.S.C. 2069(a)(1)) is amended by striking $1,250,000 each place it appears and inserting $20,000,000.