[Congressional Record Volume 153, Number 189 (Tuesday, December 11, 2007)]
[Senate]
[Pages S15128-S15129]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            MORNING BUSINESS

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                       IMPORTANCE OF A CPSC BILL

  Mr. DURBIN. Mr. President, I rise to discuss an issue that is very 
important to Americans, especially during this holiday season: the 
safety of consumer products.
  The string of recalls of toys and other children's products we have 
all read about in the news over the past 6 months has created 
uncertainty and anxiety among parents shopping for their children for 
the holidays.
  Parents now come to toy stores armed with shopping lists, as well as 
lists of toy recalls from the Consumer Product Safety Commission's Web 
site.
  Their concern is understandable. This year has seen an unprecedented 
number of unsafe toys recalled this year--more than 25 million so far, 
and counting.
  They include some of the most popular children's characters: Thomas 
the Tank Engine, Elmo, Dora the Explorer, Polly Pockets--even Curious 
George and SpongeBob SquarePants.
  The list of dangers range from high lead content and toxic chemicals 
to choking hazards and dangerously powerful magnets that can rip open a 
child's intestines if they are swallowed.
  What is going on with all these recalls?
  The Consumer Product Safety Commission is responsible for overseeing 
the safety of more than 15,000 consumer products--everything from toys 
to power tools.
  That agency has suffered deeper staffing and budget cuts than any 
other Federal health and safety regulator.
  Here are some numbers that ought to worry every American:
  In 1974, its first year of operation, the CPSC had a budget of $146 
million in today's dollars. Today, its budget is less than half that 
amount: just over $62 million.
  In the last 3 years, the CPSC has suffered its deepest staff cuts 
since the Reagan administration--from 471 full-time employees down to 
just 401.
  Today, with imports at an all-time high, the CPSC employs 15 port 
inspectors for the entire country.
  In addition, CPSC does not have the authority or tools it needs to 
protect American consumers.
  The CPSC cannot require premarket testing, cannot order a recall when 
it knows a product poses a hazard to consumers, and can't quickly 
notify the public of product hazards.
  In some instances, the combination of lack of funding and lack of 
tools has led to unnecessary, preventable injuries and fatalities 
suffered by children.
  It is hard to imagine that our lead product safety agency does not 
have these tools.
  Fortunately, there is a set of proposals pending in the Senate that 
will aid consumer safety by restoring the CPSC to a functioning agency 
and requiring manufacturers of children's products to test and certify 
the safety of their products.
  The Senate Commerce Committee has reported a bill by voice vote, 
authored by Senator Pryor, that would fix many of these problems.
  Commerce Committee Chairman Inouye and Senator Pryor, chairman of the 
Consumer Affairs Subcommittee, deserve credit for a balanced, 
responsible plan.
  The bill would more than double CPSC's current budget, to $141 
million, and increase the agency's staff by 20 percent over the next 7 
years.
  It would also eliminate the use of dangerous lead in toys; require 
independent, third-party safety tests of toys before they can be sold 
in this country; give the CPSC new powers to regulate the marketplace, 
including more authority to force the recall of dangerous products more 
quickly; give State prosecutors the authority to enforce Federal 
consumer safety laws;

[[Page S15129]]

and increase the maximum fines for willful violation of consumer safety 
laws from $1.8 million to $100 million.
  I expect the Senate to move important legislation in this area before 
the holiday. The House, led by Congressman Bobby Rush, is engaged in a 
similar effort on the House side.
  If we are going to pass stronger consumer product safety legislation, 
it is vital that we have bipartisan cooperation and pursue this 
legislation in a bipartisan fashion. I support the effort led by 
Senators Inouye and Pryor to reach out to Senators Stevens and Sununu 
of the Commerce Committee to do just that.
  I encourage these efforts to continue in order to produce a robust 
bill that will improve consumer safety and the functioning of the CPSC.
  It is a noncontroversial, bipartisan idea that the American public 
expects.

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