CPSC enforces laws that require manufacturers, distributors, retailers and importers to guarantee that their products (toys and other products) entered into U.S. commerce (wherever they come from) meet U.S. safety rules, but doesn't have the resources or responsibility to test all products in advance. That's up to sellers. When the CPSC was established in 1974, it was given a budget of $34 million. That's $149 million in today's dollars, but its actual 2007 budget is only $63 million. Its staff of 400 is less than half its 1980 peak of 978, yet it now has global responsibilities. It's the little agency that couldn't.
While it has many dedicated career staff in the trenches, it has no leadership. It's a headless horseman. This president has made things worse, by nominating three bad candidates to run it. The first, Mary Sheila Gall, in 2001, was defeated in the Senate. The second, Hal Stratton, quit less than halfway through his lackluster term. And the president's latest nominee, Michael Baroody of the National Association of Manufacturers (NAM) withdrew his nomination under a potential ethical cloud. Three strikes and you're out, Mr. President.
On the positive side, a Senator Pryor (R-AR) amendment (Section 2204) to the 9/11 Commission bill, HR 1, which is on its way to the President's desk, temporarily grants the CPSC a quorum with only 2 commissioners, so it can again issue rules and impose penalties and invoke mandatory recalls. It lost those powers when Stratton quit over a year ago. (The Fisher-Price and other recalls have all been voluntary; these can be negotiated by staff.)
It's time to restore the CPSC to an agency that can protect the American people, especially kids, from dangerous products from China and everywhere else. Let's hope that this latest China syndrome serves as a reminder that our consumer product safety system is a house of cards. Dangerous products come from home and from China, and from Mexico and other places, too. CPSC is under-funded and under-led and it lacks the enforcement authority it needs to provide an adequate safety shield. Ideally, Congress will re-authorize the agency and give it better enforcement tools and more money.