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
To reauthorize the Consumer Product Safety Act, and for other purposes.
This Act may be cited as
Consumer Product Safety
Modernization Act of 2007.
Reauthorization of Consumer Product Safety Act
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:
$70,000,000 for fiscal year 2008.
$77,500,000 for fiscal year 2009.
$85,000,000 for fiscal year 2010.
$92,500,000 for fiscal year 2011.
$100,000,000 for fiscal year 2012.
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
to decline to two.
Reduced period of notice to manufacturers and private labelers with respect to disclosure of information
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.
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:
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.
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—
disclosure of such information is necessary to prevent an unreasonable risk to health and safety; and
such manufacturer or private labeler is not cooperating with the Commission.
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.
Establishment of minimum fine for failure To comply with recall order
Paragraph (1) of section 20(a) of such Act (15 U.S.C. 2069(a)(1)) is amended—
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
for each such violation; and
in the third
sentence, by striking
of section 19(a)(3) and inserting
of paragraph (3) or (5) of section 19(a).
Adjustment for inflation
Paragraph (3) of such section 20(a) is amended by
maximum each place it appears and inserting
minimum and maximum.
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