104 STAT. 3118 PUBLIC LAW 101-608 —NOV. 16, 1990 Reports. Federal Register, publication. unless the settlement offer is clearly frivolous or duplicative of offers previously made.". SEC. 114. PRODUCT SURVEILLANCE PROGRAM. Section 17 (15 U.S.C. 2066) is amended by adding at the end the following: "(h)(1) The Commission shall establish and maintain a permanent product surveillance program, in cooperation with other appropriate Federal agencies, for the purpose of carrying out the Commission's responsibilities under this Act and the other Acts administered by the Commission and preventing the entry of unsafe consumer products into the commerce of the United States. "(2) The Commission may provide to the agencies with which it is cooperating under paragraph (1) such information, data, violator lists, test results, and other support, guidance, and documents as may be necessary or helpful for such agencies to cooperate with the Commission to carry out the product surveillance program under paragraph (1). "(3) The Commission shall periodically report to the Congress the results of the surveillance program under paragraph (1).". SEC. 115. CIVIL PENALTIES. (a) CONSUMER PRODUCT SAFETY ACT.— Section 20(a) (15 U.S.C. 2069(a)) is amended— (1) by striking "$2,000" and inserting in lieu thereof "$5,000"; (2) by striking "$500,000" each place it appears and inserting in lieu thereof "$1,250,000"; and (3) by adding at the end thereof the following: "(3)(A) The maximum penalty amounts authorized in par^raph (1) shall be adjusted for inflation as provided in this paragraph. "(B) Not later than December 1, 1994, and December 1 of each fifth calendar year thereafter, the Commission shall prescribe and publish in the Federal Register a schedule of maximum authorized penalties that shall apply for violations that occur after January 1 of the year immediately following such publication. "(C) The schedule of maximum authorized penalties shall be prescribed by increasing each of the amounts referred to in paragraph (1) by the cost-of-living adjustment for the preceding five years. Any increase determined under the preceding sentence shall be rounded to— "(i) in the case of penalties greater than $1,000 but less than or equal to $10,000, the nearest multiple of $1,000; "(ii) in the case of penalties greater than $10,000 but less than or equal to $100,000, the nearest multiple of $5,000; "(iii) in the case of penalties greater than $100,000 but less than or equal to $200,000, the nearest multiple of $10,000; and "(iv) in the CEise of penalties greater than $200,000, the nearest multiple of $25,000. "(D) For purposes of this subsection: "(i) The term 'Consumer Price Index' means the Consumer Price Index for all-urban consumers published by the Department of Labor. "(ii) The term 'cost-of-living adjustment for the preceding five years' means the percentage by which— "(I) the Consumer Price Index for the month of June of the calendar year preceding the adjustment; exceeds
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