[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2474 Referred in Senate (RFS)]

  1st Session
                                H. R. 2474


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 15, 2007

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
To provide for an increased maximum civil penalty for violations under 
                    the Consumer Product Safety Act.

    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 ``Product Safety Civil Penalties 
Improvement Act''.

SEC. 2. MAXIMUM CIVIL PENALTIES OF THE CONSUMER PRODUCT SAFETY 
              COMMISSION.

    (a) Initial Increase in Maximum Civil Penalties.--
            (1) Temporary increase.--Notwithstanding the dollar amounts 
        specified for maximum civil penalties specified in section 
        20(a)(1) of the Consumer Product Safety Act (15 U.S.C. 
        2069(a)(1)), section 5(c)(1) of the Federal Hazardous 
        Substances Act, and section 5(e)(1) of the Flammable Fabrics 
        Act (15 U.S.C. 1194(e)(1)), the maximum civil penalties for any 
        violation specified in such sections shall be $5,000,000, 
        beginning on the date that is the earlier of the date on which 
        final regulations are issued under section 3(b) or 360 days 
        after the date of enactment of this Act.
            (2) Effective date.--Paragraph (1) shall cease to be in 
        effect on the date on which the amendments made by subsection 
        (b)(1) shall take effect.
    (b) Permanent Increase in Maximum Civil Penalties.--
            (1) Amendments.--
                    (A) Consumer product safety act.--Section 20(a)(1) 
                of the Consumer Product Safety Act (15 U.S.C. 
                2069(a)(1)) is amended by striking ``$1,250,000'' both 
                places it appears and inserting ``$10,000,000''.
                    (B) Federal hazardous substances act.--Section 
                5(c)(1) of the Federal Hazardous Substances Act (15 
                U.S.C. 1264(c)(1)) is amended by striking 
                ``$1,250,000'' both places it appears and inserting 
                ``$10,000,000''.
                    (C) Flammable fabrics act.--Section 5(e)(1) of the 
                Flammable Fabrics Act (15 U.S.C. 1194(e)(1)) is amended 
                by striking ``$1,250,000'' and inserting 
                ``$10,000,000''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date that is 1 year after the earlier 
        of--
                    (A) the date on which final regulations are issued 
                pursuant to section 3(b); or
                    (B) 360 days after the date of enactment of this 
                Act.

SEC. 3. DETERMINATION OF PENALTIES BY THE CONSUMER PRODUCT SAFETY 
              COMMISSION.

    (a) Factors to Be Considered.--
            (1) Consumer product safety act.--Section 20(b) of the 
        Consumer Product Safety Act (15 U.S.C. 2069(b)) is amended--
                    (A) by inserting ``the nature, circumstances, 
                extent, and gravity of the violation, including'' after 
                ``shall consider'';
                    (B) by striking ``products distributed, and'' and 
                inserting ``products distributed,''; and
                    (C) by inserting ``, and such other factors as 
                appropriate'' before the period.
            (2) Federal hazardous substances act.--Section 5(c)(3) of 
        the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(3)) is 
        amended--
                    (A) by inserting ``the nature, circumstances, 
                extent ,and gravity of the violation, including'' after 
                ``shall consider'';
                    (B) by striking ``substance distributed, and'' and 
                inserting ``substance distributed,''; and
                    (C) by inserting ``, and such other factors as 
                appropriate'' before the period.
            (3) Flammable fabrics act.--Section 5(e)(2) of the 
        Flammable Fabrics Act (15 U.S.C. 1194(e)(2)) is amended--
                    (A) by striking ``nature and number'' and inserting 
                ``nature, circumstances, extent, and gravity'';
                    (B) by striking ``absence of injury, and'' and 
                inserting ``absence of injury,''; and
                    (C) by inserting ``, and such other factors as 
                appropriate'' before the period.
    (b) Regulations.--Not later than 1 year after the date of enactment 
of this Act, and in accordance with the procedures of section 553 of 
title 5, United States Code, the Commission shall issue a final 
regulation providing its interpretation of the penalty factors 
described in section 20(b) of the Consumer Product Safety Act (15 
U.S.C. 2069(b)), section 5(c)(3) of the Federal Hazardous Substances 
Act (15 U.S.C. 1264(c)(3)), and section 5(e)(2) of the Flammable 
Fabrics Act (15 U.S.C. 1194(e)(2)), as amended by subsection (a).

            Passed the House of Representatives October 9, 2007.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.