[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1261 Reported in Senate (RS)]






                                                       Calendar No. 252
108th CONGRESS
  1st Session
                                S. 1261

                          [Report No. 108-128]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2003

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

                            August 26, 2003

    Reported under authority of the order of the Senate of July 29 
   (legislative day, July 21), 2003, by Mr. McCain, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Consumer Product Safety 
Commission Reauthorization Act of 2003''.</DELETED>

<DELETED>SEC. 2. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(1) $60,000,000 for fiscal year 2004;</DELETED>
        <DELETED>    ``(2) $66,800,000 for fiscal year 2005;</DELETED>
        <DELETED>    ``(3) $70,100,000 for fiscal year 2006; 
        and</DELETED>
        <DELETED>    ``(4) $73,600,000 for fiscal year 
        2007.''.</DELETED>

<DELETED>SEC. 3. FTE STAFFING LEVELS.</DELETED>

<DELETED>    Section 4(g) of the Consumer Product Safety Act (15 U.S.C. 
2053(g)) is amended by adding at the end the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 4. EXECUTIVE DIRECTOR AND OFFICERS.</DELETED>

<DELETED>    So much of section 4(g) of the Consumer Product Safety Act 
(15 U.S.C. 2053(g) as precedes paragraph (2) is amended to read as 
follows:</DELETED>
<DELETED>    ``(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.''.</DELETED>

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''.




                                                       Calendar No. 252

108th CONGRESS

  1st Session

                                S. 1261

                          [Report No. 108-128]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            August 26, 2003

                       Reported with an amendment