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POTUS Transmitted Letter
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55280288
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POTUS Transmitted Letter
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Records of the Domestic Policy Council (Clinton Administration)
Heather Howard's Subject Files
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THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
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 coopera-tion
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 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.
###
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
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 coopera-tion
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 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.
# # #