    [Public Papers of the Presidents of the United States: WILLIAM J. CLINTON (2000, Book I)]
    [May 12, 2000]
    [Pages 925-926]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the Congress Transmitting Proposed Consumer Product Safety
    Commission Enforcement Legislation
    May 12, 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

    [[Page 926]]

    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.