[House Document 106-235]
[From the U.S. Government Publishing Office]
106th Congress, 2d Session - - - - - - - - - - - House Document 106-235
CONSUMER PRODUCT SAFETY COMMISSION ENHANCED ENFORCEMENT ACT OF 2000
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MESSAGE
FROM
THE PRESIDENT OF THE UNITED STATES
TRANSMITTING
A LEGISLATIVE PROPOSAL THAT WOULD INCREASE THE PENALTIES THAT THE
CONSUMER PRODUCT SAFETY COMMISSION (CPSC) COULD IMPOSE UPON
MANUFACTURERS, DISTRIBUTORS, AND RETAILERS OF CONSUMER PRODUCTS WHO DO
NOT INFORM THE CPSC WHEN THE COMPANY HAS REASON TO BELIEVE IT HAS SOLD
A PRODUCT THAT DOES NOT MEET FEDERAL SAFETY STANDARDS OR COULD
OTHERWISE CREATE A SUBSTANTIAL PRODUCT HAZARD
May 15, 2000.--Message and accompanying papers referred to the
Committee on Commerce and ordered to be printed
__________
U.S. GOVERNMENT PRINTING OFFICE
79-011 WASHINGTON : 2000
To the Congress of the United States:
I am pleased to transmit today for immediate consideration
and prompt enactment the ``Consumer Product Safety Commission
Enhanced Enforcement Act of 2000.'' This legislative proposal
would increase the penalties that the Consumer Product Safety
Commission (CPSC) could impose upon manufacturers,
distributors, and retailers of consumer products who do not
inform the CPSC when the company has reason to believe it has
sold a product that does not meet Federal safety standards or
could otherwise create a substantial product hazard. The
proposal would also improve product recalls by enabling the
CPSC to choose an alternative remedy in a recall if the CPSC
finds that the remedy selected by the manufacturer is not in
the public interest.
Under current consumer product safety laws, manufacturers,
distributors, and retailers of consumer products are required
to inform the CPSC whenever they have information that one of
their products: (1) Fails to comply with a CPSC product safety
standard; (2) contains a defect that could create a substantial
product hazard; or (3) creates an unreasonable risk of serious
injury or death. After a company reports this information to
the CPSC, the CPSC staff initiates an investigation in
cooperation with the company. If the CPSC concludes that the
product presents a substantial product hazard and that a recall
is in the public interest, the CPSC staff will work with the
company to conduct a product safety recall. The sooner the CPSC
hears about a dangerous product, the sooner the CPSC can act to
remove the product from store shelves and inform consumers
about how to eliminate the hazard. That is why it is critical
that companies inform the CPSC as soon as they are aware that
one of their products may present a serious hazard to the
public.
Unfortunately, in about half the cases involving the most
significant hazards--where the product can cause death or
serious injury--companies do not report to the CPSC. In those
cases, the CPSC must get safety information from other sources,
including its own investigators, consumers, or tragically, from
hospital emergency room reports or death certificates.
Sometimes years can pass before the CPSC learns of the product
hazard, although the company may have been aware of it all
along. During that time, deaths and injuries continue. Once the
CPSC becomes aware of the hazard, many companies continue to be
recalcitrant, and the CPSC staff must conduct its own
independent investigation. This often includes finding and
investigating product incidents and conducting extensive
laboratory testing. This process can take a long time, which
means that the most dangerous products remain on store shelves
and in consumers' homes longer, placing children and families
at continuing risk.
The Consumer Product Safety Commission can currently assess
civil penalties against companies who fail to report a
dangerous product. Criminal penalties are also available in
particularly serious cases. In fact, in 1999, the CPSC assessed
10 times the amount of civil penalties assessed 10 years ago.
But, even with this more vigorous enforcement, too many
companies still do not report, especially in cases involving
serious harm.
This legislative proposal would enhance the CPSC's civil
and criminal enforcement authority. It would provide an added
incentive for companies to comply with the law so that we can
get dangerous products out of stores and consumers' homes more
quickly.
My legislative proposal would also help to make some
product recalls more effective by allowing the CPSC to choose
an alternative remedy if the CPSC finds that the manufacturer's
chosen remedy is not in the public interest. Under current law,
a company with a defective product that is being recalled has
the right to select the remedy to be offered to the public. My
proposal would continue to permit the company to select the
remedy in a product recall. My proposal would also, however,
allow the CPSC to determine--after an opportunity for a
hearing--that the remedy selected by the company is not in the
public interest. The CPSC may then order the company to carry
out an alternative program that is in the public interest.
The Consumer Product Safety Commission helps to keep
America's children and families safe. This legislative proposal
would help the CPSC be even more effective in protecting the
public from dangerous products. I urge the Congress to give
this legislation prompt and favorable consideration.
William J. Clinton.
The White House, May 12, 2000.