PENALTIES.

SEC. 217. PENALTIES.(a) Maximum Civil Penalties of the Consumer Product Safety Commission.—(1) Consumer product safety act.—Section 20(a)(1) (15 U.S.C. 2069(a)(1)) is amended—(A) by striking “$5,000” and inserting “$100,000”;(B) by striking “$1,250,000” both places it appears and inserting “$15,000,000”; and(C) by striking “December 1, 1994,” in paragraph (3)(B) and inserting “December 1, 2011,”.(2) Federal hazardous substances act.—Section 5(c)(1) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(1)) is amended—(A) by striking “$5,000” in paragraph (1) and inserting “$100,000”;(B) by striking “$1,250,000” both places it appears and inserting “$15,000,000”; and(C) by striking “December 1, 1994,” in paragraph (6)(B) and inserting “December 1, 2011,”.(3) Flammable fabrics act.—Section 5(e)(1) of the Flammable Fabrics Act (15 U.S.C. 1194(e)(1)) is amended—(A) by striking “$5,000” in paragraph (1) and inserting “$100,000”;(B) by striking “$1,250,000” and inserting “$15,000,000”; and(C) by striking “December 1, 1994,” in paragraph (6)(B) and inserting “December 1, 2011,”.(4) Effective date.—The amendments made by this subsection shall take effect on the date that is the earlier of the date on which final regulations are issued under subsection (b)(2) or 1 year after the date of enactment of this Act.(b) Determination of Penalties by the Consumer Product Safety Commission.—(1) Factors to be considered.—(A) Consumer product safety act.—Section 20 (15 U.S.C. 2069) is amended—(i) in subsection (b)—(I) by inserting “the nature, circumstances, extent, and gravity of the violation, including” after “shall consider”;(II) by striking “products distributed, and” and inserting “products distributed,” ; and(III) by inserting “, including how to mitigate undue adverse economic impacts on small 122 STAT. 3059 businesses, and such other factors as appropriate” before the period; and(ii) in subsection (c)—(I) by inserting “, including how to mitigate undue adverse economic impacts on small businesses, the nature, circumstances, extent, and gravity of the violation, including” after “person charged”; and(II) by inserting “, and such other factors as appropriate” after “products distributed”.(B) Federal hazardous substances act.—Section 5(c) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)) is amended—(i) in paragraph (3)—(I) by inserting “the nature, circumstances, extent, and gravity of the violation, including” after “shall consider”;(II) by striking “substance distributed, and” and inserting “substance distributed,”; and(III) by inserting “, including how to mitigate undue adverse economic impacts on small businesses, and such other factors as appropriate” before the period; and(ii) in paragraph (4)—(I) by inserting “, including how to mitigate undue adverse economic impacts on small businesses, the nature, circumstances, extent, and gravity of the violation, including” after “person charged”; and(II) by inserting “, and such other factors as appropriate” after “substance distributed”.(C) Flammable fabrics act.—Section 5(e) of the Flammable Fabrics Act (15 U.S.C. 1194(e)) is amended—(i) in paragraph (2)—(I) by striking “nature and number” and inserting “nature, circumstances, extent, and gravity”;(II) by striking “absence of injury, and” and inserting “absence of injury,”; and(III) by inserting “, and such other factors as appropriate” before the period; and(ii) in paragraph (3)—(I) by striking “nature and number” and inserting “nature, circumstances, extent, and gravity”;(II) by striking “absence of injury, and” and inserting “absence of injury,”; and(III) by inserting “, and such other factors as appropriate” before the period.(2) Civil penalty criteria.—Not later than 1 year after the date of enactment of this Act, and in accordance with the procedures of section 553 of title 5, United States Code, the Commission shall issue a final regulation providing its interpretation of the penalty factors described in section 20(b) of the Consumer Product Safety Act (15 U.S.C. 2069(b)), section 5(c)(3) of the Federal Hazardous Substances Act (15 U.S.C. 122 STAT. 3060 1264(c)(3)), and section 5(e)(2) of the Flammable Fabrics Act (15 U.S.C. 1194(e)(2)), as amended by subsection (a).(c) Criminal Penalties.—(1) In general.—Section 21(a) (15 U.S.C. 2070(a)) is amended to read as follows:“(a) Violation of section 19 of this Act is punishable by—“(1) imprisonment for not more than 5 years for a knowing and willful violation of that section;“(2) a fine determined under section 3571 of title 18, United States Code; or“(3) both.”.(2) Directors, officers, and agents.—Section 21(b) (15 U.S.C. 2070(b)) is amended by striking “19, and who has knowledge of notice of noncompliance received by the corporation from the Commission,” and inserting “19”.(3) Under the federal hazardous substances act.—Section 5(a) of the Federal Hazardous Substances Act (15 U.S.C. 1264(a)) is amended by striking “one year, or a fine of not more than $3,000, or both such imprisonment and fine.” and inserting “5 years, a fine determined under section 3571 of title 18, United States Code, or both.”.(4) Under the flammable fabrics act.—Section 7 of the Flammable Fabrics Act (15 U.S.C. 1196) is amended to read as follows:“penalties“Sec. 7. Violation of section 3 or 8(b) of this Act, or failure to comply with section 15(c) of this Act, is punishable by—“(1) imprisonment for not more than 5 years for a knowing and willful violation of that section;“(2) a fine determined under section 3571 of title 18, United States Code; or“(3) both.” .(d) Criminal Penalties To Include Asset Forfeiture.—Section 21 (15 U.S.C. 2070) is amended by adding at the end thereof the following:“(c)(1) In addition to the penalties provided by subsection (a), the penalty for a criminal violation of this Act or any other Act enforced by the Commission may include the forfeiture of assets associated with the violation.“(2) In this subsection, the term ‘criminal violation’ means a violation of this Act or any other Act enforced by the Commission for which the violator is sentenced to pay a fine, be imprisoned, or both.”.