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Union Calendar No. 225 

110TH CONGRESS 

1ST SESSION H. R. 2474 

[Report No. 110–364] 

To provide for an increased maximum civil penalty for violations under the 

Consumer Product Safety Act. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 24, 2007 

Mr. RUSH introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

OCTOBER 9, 2007 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To provide for an increased maximum civil penalty for 

violations under the Consumer Product Safety Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. CIVIL PENALTIES OF THE CONSUMER PROD2 UCT SAFETY COMMISSION. 

3 Section 20(a)(1) of the Consumer Product Safety Act 

4 (15 U.S.C. 2069(a)(1)) is amended by striking 

5 ‘‘$1,250,000’’ each place it appears and inserting 

6 ‘‘$20,000,000’’. 

7 SECTION 1. SHORT TITLE. 

8 This Act may be cited as the ‘‘Product Safety Civil 

9 Penalties Improvement Act’’. 

10 SEC. 2. MAXIMUM CIVIL PENALTIES OF THE CONSUMER 

11 PRODUCT SAFETY COMMISSION. 

12 (a) INITIAL INCREASE IN MAXIMUM CIVIL PEN13 ALTIES.— 

14 (1) TEMPORARY INCREASE.—Notwithstanding 

15 the dollar amounts specified for maximum civil pen16 alties specified in section 20(a)(1) of the Consumer 

17 Product Safety Act (15 U.S.C. 2069(a)(1)), section 

18 5(c)(1) of the Federal Hazardous Substances Act, and 

19 section 5(e)(1) of the Flammable Fabrics Act (15 

20 U.S.C. 1194(e)(1)), the maximum civil penalties for 

21 any violation specified in such sections shall be 

22 $5,000,000, beginning on the date that is the earlier 

23 of the date on which final regulations are issued 

24 under section 3(b) or 360 days after the date of enact25 ment of this Act. 


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1 (2) EFFECTIVE DATE.—Paragraph (1) shall 

2 cease to be in effect on the date on which the amend3 ments made by subsection (b)(1) shall take effect. 

4 (b) PERMANENT INCREASE IN MAXIMUM CIVIL PEN5 ALTIES.— 

6 (1) AMENDMENTS.— 

7 (A) CONSUMER PRODUCT SAFETY ACT.— 

8 Section 20(a)(1) of the Consumer Product Safety 

9 Act (15 U.S.C. 2069(a)(1)) is amended by strik10 ing ‘‘$1,250,000’’ both places it appears and in11 serting ‘‘$10,000,000’’. 

12 (B) FEDERAL HAZARDOUS SUBSTANCES

13 ACT.—Section 5(c)(1) of the Federal Hazardous 

14 Substances Act (15 U.S.C. 1264(c)(1)) is amend15 ed by striking ‘‘$1,250,000’’ both places it ap16 pears and inserting ‘‘$10,000,000’’. 

17 (C) FLAMMABLE FABRICS ACT.—Section 

18 5(e)(1) of the Flammable Fabrics Act (15 U.S.C. 

19 1194(e)(1)) is amended by striking ‘‘$1,250,000’’ 

20 and inserting ‘‘$10,000,000’’. 

21 (2) EFFECTIVE DATE.—The amendments made 

22 by paragraph (1) shall take effect on the date that is 

23 1 year after the earlier of— 

24 (A) the date on which final regulations are 

25 issued pursuant to section 3(b); or 


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1 (B) 360 days after the date of enactment of 

2 this Act. 

3 SEC. 3. DETERMINATION OF PENALTIES BY THE CONSUMER 

4 PRODUCT SAFETY COMMISSION. 

5 (a) FACTORS TO BE CONSIDERED.— 

6 (1) CONSUMER PRODUCT SAFETY ACT.—Section 

7 20(b) of the Consumer Product Safety Act (15 U.S.C. 

8 2069(b)) is amended— 

9 (A) by inserting ‘‘the nature, circumstances, 

10 extent, and gravity of the violation, including’’ 

11 after ‘‘shall consider’’; 

12 (B) by striking ‘‘products distributed, and’’ 

13 and inserting ‘‘products distributed,’’; and 

14 (C) by inserting ‘‘, and such other factors as 

15 appropriate’’ before the period. 

16 (2) FEDERAL HAZARDOUS SUBSTANCES ACT.— 

17 Section 5(c)(3) of the Federal Hazardous Substances 

18 Act (15 U.S.C. 1264(c)(3)) is amended— 

19 (A) by inserting ‘‘the nature, circumstances, 

20 extent ,and gravity of the violation, including’’ 

21 after ‘‘shall consider’’; 

22 (B) by striking ‘‘substance distributed, and’’ 

23 and inserting ‘‘substance distributed,’’; and 

24 (C) by inserting ‘‘, and such other factors as 

25 appropriate’’ before the period. 


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1 (3) FLAMMABLE FABRICS ACT.—Section 5(e)(2) 

2 of the Flammable Fabrics Act (15 U.S.C. 1194(e)(2)) 

3 is amended— 

4 (A) by striking ‘‘nature and number’’ and 

5 inserting ‘‘nature, circumstances, extent, and 

6 gravity’’; 

7 (B) by striking ‘‘absence of injury, and’’ 

8 and inserting ‘‘absence of injury,’’; and 

9 (C) by inserting ‘‘, and such other factors as 

10 appropriate’’ before the period. 

11 (b) REGULATIONS.—Not later than 1 year after the 

12 date of enactment of this Act, and in accordance with the 

13 procedures of section 553 of title 5, United States Code, the 

14 Commission shall issue a final regulation providing its in15 terpretation of the penalty factors described in section 20(b) 

16 of the Consumer Product Safety Act (15 U.S.C. 2069(b)), 

17 section 5(c)(3) of the Federal Hazardous Substances Act (15 

18 U.S.C. 1264(c)(3)), and section 5(e)(2) of the Flammable 

19 Fabrics Act (15 U.S.C. 1194(e)(2)), as amended by sub20 section (a). 


bajohnson on PROD1PC71 with BILLS
Union Calendar No. 225 

110TH CONGRESS 

1ST SESSION H. R. 2474 

[Report No. 110

–364] 

A BILL 

To provide for an increased maximum civil penalty 

ty Act. for violations under the Consumer Product SafeOCTOBER 9, 2007 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


bajohnson on PROD1PC71 with BILLS