[Weekly Compilation of Presidential Documents Volume 36, Number 20 (Monday, May 22, 2000)]
[Pages 1103-1104]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Message to the Congress Transmitting the Proposed ``Consumer Product 
Safety Commission Enhanced Enforcement Act of 2000''

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 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

[[Page 1104]]

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.

 Note:  This item was not received in time for publication in the 
appropriate issue.