Hearing of the Consumer Affairs Subcommittee of the Senate Commerce Committee - Consumer Product Safety Commission Reform Act of 2007
Interview
Hearing of the Consumer Affairs, Insurance and Automotive Safety Subcommittee of the Senate Commerce, Science and Transportation Committee - Consumer Product Safety Commission Reform Act of 2007
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SEN. RICHARD J. DURBIN (D-IL): Thank you very much, Mr. Chairman, and I'm glad you had a chance to meet my family in Chicago.
(Laughter)
SEN. DURBIN: Senator Sununu, thank you for being here, Senator Klobuchar, your leadership as well on this issue and for today's hearing on Consumer Products Safety.
Last month, my Financial Services Appropriations Subcommittee held a hearing on the same topic and I was honored that, Mr. Chairman, you and Senator Klobuchar as well as Senator Bill Nelson were able to join us at that important hearing.
It's good to see the leaders on this issue working together on a bipartisan basis to address it. Let's face it, our consumer product safety system is busted and in need of major repair.
The Consumer Products Safety Commission is operating under laws that are outdated, at funding levels that are unrealistic, and frankly, has been unable to perform the most basic part of the mission that they've been assigned.
Over the past several months we have witnessed the recall of more than $20 million defective toys and other children's products. Just last week, the Chicago Tribune ran yet another series of investigative reports about a dangerous crib that was manufactured by a company known as Simplicity Incorporated of Reading, Pennsylvania.
I've got some photos I hope that members of the committee can see, of what these cribs look like. If you'll notice, this crib railing broke away from the structure and created a hazard which I'll just describe in a minute.
These cribs were poorly designed. The drop rail on the side of the crib could detach from its plastic track creating a gap between the crib and the rail. Children could fall into this gap causing asphyxiation and serious injury.
The flaw resulted in dozens of injuries and the death of at least three young children. The first infant's death from this crib was reported to the Consumer Products Safety Commission in April of 2005.
Yet, there was delay of nearly 2-1/2 years between that incident and the recall of this product. During this period of time two more children died and hundreds of thousands of faulty cribs were purchased and installed in homes across America.
Interviews and records in the Tribune story show that the federal investigator assigned to investigate the April 2005 death failed to inspect the crib in his initial inquiry and didn't track down the model or manufacturer.
According to the investigator, and I quote, "We get so many cases. Once I do a report I send it in and that's it, I go on to the next case. We could spend more time, but we are under the gun. We have to move on."
Only after inquiries by this newspaper did the investigator return to California to find the crib that caused the death. It has been held as evidence by the sheriff's Police and later put in storage by a lawyer retained by the family.
Now, last month in my home state, our state attorney-general Lisa Madigan wrote to the crib company posing as a consumer who had purchased one of these faulty cribs. In response to her complaint, the company sent an envelope with eight pieces of plastic hardware without any instructions or explanations. This is unacceptable.
Like the magnetics toy recall of April, 2007, the crib recalls were only announced following the hard work of investigating journalists.
I want to recognize the efforts of two in particular, Patricia Callahan and Maurice Possley in bringing these cases to the public's attention and spurring the Consumer Products Safety Commission to act.
However, it is inexcusable for us, representing this great nation and this great government, to have to rely on enterprising journalists to make certain that our agencies are doing their job.
Last week, I wrote to the commission, asking them for a detailed report and timeline of what happened in this deadly case. An infant died. It took 2-1/2 years before the product was recalled and in that span another two children died.
If the death of an infant does not set off the alarm bells at the Consumer Products Safety Commission, what will? This is the kind of thing that I think causes concern among families across America uncertain about what toys are safe for Christmas, what crib should I buy for my new baby.
They trust us. They think if these products are for sale in our stores, surely someone in our government has taken a look at them. They must be safe.
Well, sadly, because of inadequate laws, inappropriate funding and lack of response, we can't answer affirmatively when it comes to that request from our constituents across America.
What these recalls have revealed is the Consumer Products Safety Commission need to change. Congress is taking steps necessary in terms of increasing its budget. As Chairman noted, I am chairman of the Subcommittee of Financial Services Committee that is going to increase the funding for the Consumer Products Safety Commission.
I'm sorry I can't put more money in that commission. I definitely want to make sure that they have more inspectors, better laboratories, that they can respond more quickly in a timely fashion to give American families peace of mind.
This is an indication of what's been happening here. You can see from this chart, the bar graph, the increase in imports into the United States and then take a look at the dotted red line how the staffing at the Consumer Products Safety Commission has been in decline dramatically and leveled off over the last several years.
Since its inception in 1973 the staffing at this commission has decreased by almost 60 percent from a high of 978 employees to a low of 401 currently. The lab facilities are incredible. It is hard to imagine that this is what America has to offer to test the safety of products being sold to our families.
What you're looking at here, as I said in my earlier hearing may look like my basement, but in fact it happens to be one of the laboratory facilities of Consumer Products Safety Commission, when it investigates toys.
Take a look at that and tell me if that builds confidence in the work that's being done. Now take a look at the drop test site which we showed in the committee as well. This is how toys are tested to see if you drop them whether they'll fall apart.
This -- and Bob, I think is his name, is probably a good hardworking employee -- look what he has to work with. Two lines drawn on a wall. They hold the toys up to these lines and drop them to see what happens. This is our scientific testing of products being sold to families across America for our children to use.
This is absolutely unacceptable. We have to change it. I hope the Appropriations Committee will start us on this track. But there's more to be done.
Mr. Chairman I want to salute you because you and I have talked about this for quite a while. You had some great ideas, I had a bill. You said, "I'll sit down with you and see what we can do to bring that bill into our plans for reauthorization."
I'm very satisfied with what you did. I think that at the end of the day, bringing these two bills together is going to create an even stronger legislative product that will get the job done.
The Consumer Products Safety Commission is currently required in Section 6(b) of the statute to give firms a 30-day window before reporting hazards to the public. Because of this requirement at times the CPSC cannot act quickly to protect human health. That isn't their fault, that's a statute.
In addition, the maximum fine the CPSC can levy has not been updated for a long time. One of their enforcement tools can be shrugged off now as just the cost of doing business.
Thankfully, Chairman Pryor you've done great work in crafting a comprehensive package of proposals in your reform act. I want to thank you, Senator Klobuchar, Senator Nelson, and Senator Sununu for that effort.
This will significantly -- your bill will significantly increase the funding level for the next 7 years, will allow the CPSC to increase its staff level, update its information technology systems and improve -- I shouldn't say "improve" -- create a lab facility.
This bill would reduce the time lag under Section 6(b) to 15 days and allow the CPSC to share information with government authorities. It will also create a third-party requirement that all children's products be tested or credentialed at labs, and that we have the lowered lead threshold from 600 parts per million to 90 parts per million.
I might add that Senator Nelson, also a member of your committee, and I have a bill that would require the testing of products used by children under the age of 6, whether they're toys or cribs, anything, seats of automobiles that kids might be using.
This bill would also strengthen your enforcement capabilities, increasing maximum fines, and making it illegal to sell recalled products. Last, it would expedite recalls by requiring durable markings on children's products. A great idea.
Combined with increased funding, this is a package of proposals that can make it less likely for us to worry about delayed uneven recalls of consumer goods that are threatening our families and children. I support these Senate proposals.
The stories of recent months have really raised in my mind a fundamental question as to whether or not this commission, even given new resources and new authority, has the will to make a difference. I hope they do. We're counting on them. Families across America are counting on them.
Funding and authorities can't solve this most fundamental issue. It can only come from the determination of the people who work at Consumer Products Safety Commission.
I thank you for allowing me to make this opening statement. Happy to answer any questions or let's just proceed with your hearing.
SEN. PRYOR: Do you have any questions? Do you have any questions? Thank you --
SEN. DURBIN: Thank you very much.
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