II 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Consumer Product 

5 Safety Modernization Act of 2007’’. 

6 SEC. 2. REAUTHORIZATION OF CONSUMER PRODUCT SAFE7 TY ACT. 

8 (a) IN GENERAL.—Section 32(a) of the Consumer 

9 Product Safety Act (15 U.S.C. 2081) is amended by strik10 ing paragraphs (1) and (2), and inserting the following: 


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1 ‘‘(1) $70,000,000 for fiscal year 2008. 

2 ‘‘(2) $77,500,000 for fiscal year 2009. 

3 ‘‘(3) $85,000,000 for fiscal year 2010. 

4 ‘‘(4) $92,500,000 for fiscal year 2011. 

5 ‘‘(5) $100,000,000 for fiscal year 2012.’’. 

6 (b) REPEAL OF QUORUM REQUIREMENT FOR TRANS7 ACTION OF BUSINESS.—Section 4(d) of such Act (15 

8 U.S.C. 2053(d)) is amended by striking ‘‘, but three’’ and 

9 all that follows through ‘‘to decline to two’’. 

10 (c) REDUCED PERIOD OF NOTICE TO MANUFACTUR11 ERS AND PRIVATE LABELERS WITH RESPECT TO DISCLO12 SURE OF INFORMATION.—Section 6(b)(1) of such Act (15 

13 U.S.C. 2055(b)(1)) is amended by striking ‘‘not less than 

14 30 days’’ and inserting ‘‘not fewer than 10 days’’. 

15 (d) EXPEDITION OF RELEASE OF INFORMATION IN

16 CASE OF NONCOOPERATION BY MANUFACTURER OR PRI17 VATE LABELER.—Section 6(b) of such Act (15 U.S.C. 

18 2055(b)) is amended by adding at the end the following: 

19 ‘‘(9)(A) Notwithstanding any other provision of this 

20 subsection and paragraphs (5) and (6) of subsection (a), 

21 if the Commission makes an affirmative determination 

22 under subparagraph (B) with respect to information ob23 tained under this Act pertaining to a consumer product 

24 of a manufacturer or private labeler, the Commission may 

25 immediately disclose such information to the public. 


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1 ‘‘(B) An affirmative determination under this sub2 paragraph with respect to information obtained under this 

3 Act pertaining to a consumer product of a manufacturer 

4 or private labeler is a determination by the Commission 

5 that— 

6 ‘‘(i) disclosure of such information is necessary 

7 to prevent an unreasonable risk to health and safety; 

8 and 

9 ‘‘(ii) such manufacturer or private labeler is not 

10 cooperating with the Commission. 

11 ‘‘(C) For purposes of subparagraph (B)(ii), a manu12 facturer or private labeler shall be considered uncoopera13 tive with the Commission if the Commission determines 

14 that such manufacturer or private labeler has failed to fur15 nish information required by section 15(b) or to comply 

16 with an order under section 15(c) of such section within 

17 a reasonable amount of time.’’. 

18 (e) ESTABLISHMENT OF MINIMUM FINE FOR FAIL19 URE TO COMPLY WITH RECALL ORDER.— 

20 (1) IN GENERAL.—Paragraph (1) of section 

21 20(a) of such Act (15 U.S.C. 2069(a)(1)) is amend22 ed— 

23 (A) in the first sentence, by inserting ‘‘and 

24 in the case of a person who violates subsection 

25 (a)(5) of such section, such person shall be subVerDate Aug 31 2005 03:26 Jul 24, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1847.IS S1847

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1 ject to a civil penalty of not less than $500 for 

2 each such violation and not more than $5,000 

3 for each such violation’’ after ‘‘for each such 

4 violation’’; and 

5 (B) in the third sentence, by striking ‘‘of 

6 section 19(a)(3)’’ and inserting ‘‘of paragraph 

7 (3) or (5) of section 19(a)’’. 

8 (2) ADJUSTMENT FOR INFLATION.—Paragraph 

9 (3) of such section 20(a) is amended by striking 

10 ‘‘maximum’’ each place it appears and inserting 

11 ‘‘minimum and maximum’’. 

12 (f) INCREASE IN MAXIMUM CIVIL PENALTIES.—Sec13 tion 20(a)(1) of such Act (15 U.S.C. 2069(a)(1)) is 

14 amended by striking ‘‘$1,250,000’’ each place it appears 

15 and inserting ‘‘$20,000,000’’. 

Æ 


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