[Congressional Record (Bound Edition), Volume 154 (2008), Part 3]
[Senate]
[Page 3567]
[From the U.S. Government Publishing Office, www.gpo.gov]




                            CPSC REFORM ACT


                    Amendment No. 4143, As Modified

  Mr. BAUCUS. Mr. President, I ask unanimous consent that not 
withstanding the adoption of amendment No. 4143 and the passage of the 
act H.R. 4040, amendment 4143 be modified with changes at the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The modification is as follows:

       On page 49, strike lines 8 through 15 and insert the 
     following:

     establish additional criteria for the imposition of civil 
     penalties under section 20 of the Consumer Product Safety Act 
     (15 U.S.C. 2069) and any other Act enforced by the 
     Commission, including factors to be considered in 
     establishing the amount of such penalties, such as repeat 
     violations, the precedential value of prior adjudicated 
     penalties, the factors described in section 20(b) of the 
     Consumer Product Safety Act (15 U.S.C. 2069(b)), and other 
     circumstances, Section 20 (15 U.S.C. 2069) is amended--
       (1) by striking ``charged.'' in subsection (b) and 
     inserting ``charged, including how to mitigate undue adverse 
     economic impacts on small businesses.'';' and
       (2) by striking ``charged.'' in subsection (c) and 
     inserting ``charged, (including how to mitigate undue adverse 
     economic impacts on small businesses),''.

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