[Congressional Record Volume 146, Number 60 (Tuesday, May 16, 2000)]
[Senate]
[Page S4011]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




A DRAFT OF PROPOSED LEGISLATION ENTITLED THE ``CONSUMER PRODUCT SAFETY 
   COMMISSION ENHANCED ENFORCEMENT ACT OF 2000''--A MESSAGE FROM THE 
                           PRESIDENT--PM 104

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on Commerce, Science, and 
Transportation.

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.

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