The CPSC's quorum to expire—again

Here we go again.

Over the weekend, the Consumer Product Safety Commission will lose its quorum—just like it did for eight months in 2007 before Congress gave it a temporary reprieve to continue to operate with full authority.

Why should you care? Because without a quorum (in the CPSC's case a quorum means having three commissioners), the agency's activities are limited. It cannot vote on new safety standards, issue mandatory recalls, or take further action on civil penalties above $50,000 against firms that have failed to report defective or hazardous products.

Given the recent rash of recalls and heightened concerns about import safety, this is certainly not the time for the agency to be operating with its hands tied.  If President Bush were to nominate someone to chair the CPSC this late in his term of office, it is unlikely that the Senate would confirm any candidate.  We already saw Democrats and consumer groups, including Consumers Union, balk last year when Bush nominated Michael Baroody, the head lobbyist for the National Association of Manufacturers, to the post. Baroody eventually withdrew his nomination.

Given the current environment, it's imperative that Congress move quickly to once again give the CPSC temporary authority to act as if a quorum still exists. CPSC reform bills that are currently moving through the Senate (S. 2045), and have already passed the House (H.R. 4040) promise to do just that.  Once passed, the CPSC quorum will be extended for another nine months.  We urge the Senate to move their bill quickly so as not to leave American consumers inadequately protected from unsafe products.

For those of you trying to figure out how we arrived here again, this time line might help:

July 17, 2006 Nancy Nord assumes acting chairmanship of the CPSC after chairman Hal Stratton leaves the agency. Along with commissioner Thomas Moore, the CPSC now has only two members, which is one less than a quorum. Under law, it can continue to act as if it has a quorum for six months.

January 2007 The six months run out.  Although the agency's work doesn't come to a complete standstill—it still issues voluntary recalls—the CPSC is unable, for example, to recall a dangerous ATV designed for children (it had no front brakes) because the importer did not agree to a recall.

March 1, 2007 President Bush nominates Michael Baroody, head lobbyist for the National Association of Manufacturers to head the CPSC.

May 23, 2007 After growing opposition from Senate Democrats and consumer groups, Baroody withdraws his nomination to chair the CPSC.

August 3, 2007 President Bush signs into law a homeland security bill that includes an amendment by Sen. Mark Pryor (D-AR) to restore the commission's full powers for six months.

February 3, 2008 The extension of the quorum expires.