[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1847 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1847

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


_______________________________________________________________________


                   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.

    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 
Modernization Act of 2007''.

SEC. 2. 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''.
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