[Congressional Record Volume 149, Number 136 (Tuesday, September 30, 2003)]
[Senate]
[Pages S12210-S12211]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     CONSUMER PRODUCT SAFETY COMMISSION REAUTHORIZATION ACT OF 2003

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 252, S. 1261.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 1261) to reauthorize the Consumer Product Safety 
     Commission, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

       (Strike the part shown in black brackets and insert the 
     part shown in italic.)

                                S. 1261

       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 
     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) as precedes paragraph (2) 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

[[Page S12211]]

     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.''.]

     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''.

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported amendment be agreed to; that the bill, as amended, 
be read a third time and passed; that the motion to reconsider be laid 
upon the table; and that any statements relating to the bill be printed 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1261), as amended, was read the third time and passed.

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