[Congressional Record Volume 154, Number 39 (Friday, March 7, 2008)]
[Senate]
[Pages S1737-S1739]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONSUMER PRODUCT SAFETY COMMISSION REFORM ACT
Mr. ROCKEFELLER. Mr. President, I want to take this opportunity to
express my complete support for H.R. 4040, the Consumer Product Safety
Commission Reform Act, which passed the Senate yesterday with an
overwhelming bipartisan majority. Regrettably, I was unable to vote on
final passage of H.R. 4040, as I had a previous commitment that
prevented me from being there. However, I believe so strongly in the
Government's responsibility to maintain the highest level of product
safety that I wanted the Congressional Record to reflect how pleased I
am that the Senate passed H.R. 4040, after substituting the text of S.
2663 as amended, and to extend my congratulations to the bill's
principal
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sponsors, Senator Mark Pryor and Senator Ted Stevens.
Throughout the past few years, our Nation has experienced an
unfortunately large number of recalls on products that have been
imported into our country. Of particular concern to me, and to many of
my colleagues, as well as to parents and all citizens across the
country are the millions of children's toys that were recalled due to
dangerous levels of lead and other toxins or dangerously defective
product design or manufacture. These recalls left many parents
wondering whether any of the toys they purchased for their children
were safe. It was time for the Senate to work together to protect
America's consumers and children, and with the passage of H.R. 4040, we
have done that and, I believe, done it well.
Much blame has been placed on the U.S. Consumer Product Safety
Commission, CPSC, for failing to adequately protect consumers from
dangerous products entering the United States. Whether this was being
too lax with regard to negligible product safety standards for toys and
other items produced abroad, or ineffective and often toothless
oversight of the manufacturing and design process wherever the toys
were made, there is more than enough blame to spread around. While I
certainly recognize the important contributions of the dedicated career
employees at the CPSC, it is clear that the CPSC lacks the adequate
resources, and political will, to combat this growing problem.
With the passage of H.R. 4040, the Senate has taken a very good step
toward addressing many of the problems we have seen in recent years by
increasing funding for the CPSC, increasing penalties for manufacturers
that violate consumer protection laws, reducing the levels of lead in
children's products, requiring labeling so that parents can know when
their children's toys have been recalled, and allowing State attorneys
general to help enforce Federal consumer protection laws for the
benefit of citizens throughout West Virginia and across the Nation.
Mr. President, again I would like to express my support for H.R.
4040, as amended by the remark on March 6, 2008, and thank my
colleagues for all of their hard work to pass legislation that will
better protect consumers and children from dangerous products.
Mr. CARDIN. Mr. President, yesterday, the Senate passed S. 2663, the
Consumer Product Safety Commission Reform Act, by an overwhelming
margin of 79 to 13. This significant legislation has the potential to
benefit every consumer and, most notably, protect America's children.
Imagine the heartbroken look on a child's face when a favorite toy is
confiscated because it's unsafe.
Then try to imagine the much greater pain felt by a parent whose
child has been poisoned or injured or even killed by an unsafe toy.
So far this year, the Consumer Product Safety Commission, CPSC, has
issued no fewer than six toy recalls just due to lead paint safety
violations. These recalls affect over 75,000 toys. There were 473
recalls last year. In fact, as a few of my distinguished colleagues
have noted, one of the ``must-have'' toys last year, AquaDots, was
recalled just prior to the holidays--and for good reason. The Dots
contained a potentially coma-inducing toxic coating.
American consumers have the right to expect that the products they
buy are safe. The CPSC should be able to provide that assurance.
Unfortunately, in recent years, we have seen numerous examples when the
CPSC has not been up to the job.
The CPSC has suffered from the antiregulatory zeal that has been
popular in recent years. Products under the Commission's jurisdiction
cause more than 28,000 deaths and 33.6 million injuries each year, but
funding for CPSC has been slashed and the staff is half the size it was
30 years ago.
The bill the Senate has passed will strengthen the CPSC by giving it
the staff, enforcement powers, and other resources it needs to monitor
a rapidly changing and ever-expanding global marketplace. S. 2663 will
give American consumers--89 percent of whom are aware of the recent
recalls--greater peace of mind.
S. 2663 provides critical budget and staffing resources necessary to
provide for increased safety monitoring. The bill bans lead from
children's products and subjects all toys to comprehensive hazard
testing. And it mandates independent testing of many children's
products. But all the increased testing and regulations in the world
are only as good as the ability to back them up with meaningful
penalties for violators. So S. 2663 increases the per-violation civil
penalties cap to help deter violations.
I am grateful to the bill managers for including my amendment--No.
4103--to address the issue of training standards for safety inspectors.
S. 2663 nearly doubles current funding levels over the next 7 years--
which I think is a good idea. And it increases the CPSC staff to at
least 500 by 2013--which I also think is a good idea. But if there is
going to be a rapid expansion of the staff, I think it would be useful
for the CPSC to develop training standards for product safety
inspectors and technical staff and to consult with a broad range of
consumer product safety organizations in developing those standards. My
amendment merely directs the CPSC to develop such standards--again, in
consultation with groups that have expertise in such matters--within
180 days of enactment and to submit a report to Congress on the
standards.
I am also grateful the bill managers included an amendment, No. 4113,
Senator Obama and I introduced to clarify, expand, and standardize the
information contained in recall notices.
We have passed a bill that will help keep dangerous products off
store shelves, out of our homes, and out of the hands of our children
and grandchildren. We have passed a bill that will help restore
consumer confidence in product safety. I am proud the Senate has passed
this legislation, and I congratulate the bill managers--Senators Pryor,
Stevens, Inouye and Collins--for crafting it and bringing it to the
floor with such broad, bipartisan support.
Mr. DODD. Mr. President, I wish to speak on the Consumer Product
Safety Commission Reform Bill, which the Senate passed earlier today. I
was pleased to cast my vote in support of this important bipartisan
bill, and I thank Senators Pryor and Stevens for their hard work in
bringing this measure to the floor.
The Consumer Product Safety Commission, or CPSC, is one of our
Nation's most important Federal agencies. The Commission's principal
responsibility entails protecting Americans from risks associated with
products sold in the United States. Each year, it develops and enforces
safety standards for thousands of goods. These goods range from toys to
house-wares.
We live in an age of increasing global trade. Consequently, the
activities of the CPSC here become more important, as Americans
purchase and consume a greater number of products manufactured in
foreign nations. In order to meet these expanded responsibilities, the
CPSC requires enhanced resources and authorities. I am pleased that the
bill passed today provides these enhanced resources and authorities.
The Consumer Product Safety Commission reform bill includes new
safety standards for a variety of products, including cigarette
lighters, furniture, swimming pools, equestrian helmets, portable
gasoline containers, strollers, and cribs. It strengthens the
certification of safety-standard compliance, establishes more stringent
standards on lead in paint, reforms third-party testing for product
safety and compliance, and increases civil and/or criminal penalties
for noncompliance. The bill also increases CPSC personnel in major
ports-of-entry, prohibits CPSC personnel from taking industry-sponsored
travel, prohibits the sale of products that are the subject of a
recall, expands jurisdiction of the CPSC to cover amusement park rides
at a fixed site, and fosters greater coordination among the various
agencies involved in consumer safety issues.
Further, the legislation doubles the current CPSC authorization level
for fiscal year 2009 to $88,500,000, and increases the level to
$155,900,000 by fiscal year 2015. This bill also authorizes $40 million
for fiscal year 2009 for the improvement of the Commission's research,
development, and testing facilities, and also provides $1 million for
fiscal year 2009 for research into safety issues related to the use of
nanotechnology in consumer products.
I am particularly pleased that the bill contains two provisions that
I
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worked to advance regarding new CPSC safety standards for swimming pool
drains and equestrian helmets. These standards are vital towards
protecting children against accidental drowning and horse-related
injuries respectively. I was pleased to work with my colleagues on the
Commerce Committee in drafting these standards and incorporating them
into the bill.
In closing, I believe the Consumer Product Safety Commission reform
bill will allow the CPSC to fulfill its responsibility of protecting
Americans more effectively, and I look forward to working with my
colleagues on future such legislation.
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