	Background

Public alarm about the spate of product recalls during 2007, particularly of toys and other products used by children, has focused attention on the Consumer Product Safety Commission (CPSC). P.L. 3016 (2008), the Consumer Product Safety Improvement Act of 2008 (CPSIA), was enacted as a result of Congress's consideration of major reform legislation to address organizational and systemic deficiencies, as well as specific consumer product defects and hazards. This report provides an overview of the prior authority of the CPSC to establish consumer product safety standards and to inspect, recall, and restrict importation of unsafe consumer products, and summarizes changes made by the CPSIA to reform the CPSC and strengthen enforcement of consumer product safety standards. The Consumer Product Safety Act (CPSA, 15 U.S.C. established and authorized the CPSC in 1972 in response to growing concerns about protecting the public from unsafe, defective consumer products. However, in the years since its establishment, the staff and resources of the CPSC have been considerably reduced to the detriment of its ability to fulfill its mission effectively. 110-314 , H.R. On July 29, 2008, H.Rept. 110-787 , the Conference Report for H.R. 4040 , the Consumer Product Safety Improvement Act of 2008, was released after several months of negotiations in the conference committee to reconcile differences between the House and Senate versions of the bill. The bill passed the House of Representatives and the Senate on July 30, 2008 (424-1) and July 31, 2008 (89-3), respectively. On August 14, 2008, President Bush signed the bill into law as P.L. 110-314 . CPSC Chairman Nord and Commissioner Moore each expressed approval of the final legislation, with Chairman Nord expressing a desire for Congress to appropriate further funding to carry out the new mandates of the legislation. §2076b) requires the Inspector General of the CPSC to:
conduct reviews and audits to assess the CPSC's capital improvement efforts, including upgrades of its information technology system and the development of the new public safety database, and the adequacy of the accreditation and monitoring process for third-party testing laboratories; within one year of enactment of the CPSIA, conduct a review of (1) CPSC employee complaints concerning failures of other employees to properly enforce the rules and regulations of the laws enforced by the CPSC or otherwise carry out responsibilities if such failures raise issues of conflicts of interest, ethical violations, or the absence of good faith, and (2) CPSC actions to address such complaints and failures; submit annual reports with respect to the findings and recommendations resulting from these audits and reviews to the appropriate congressional committees beginning in FY2010; transmit a report to the appropriate congressional committees within 60 days of enactment of the CPSIA on the activities of the Inspector General, any barriers preventing robust oversight of the CPSC by the Inspector General, and any additional resources and authority needed for effective oversight.
Public alarm about the spate of recent product recalls throughout 2007, particularly of toys and other products used by children, has focused attention on the Consumer Product Safety Commission (the CPSC or the Commission). This scrutiny led to consideration of major amendments to the Consumer Product Safety Act (CPSA), which established and authorized the CPSC in 1972 in response to growing concerns about protecting the public from unsafe, defective consumer products. Jurisdiction over the administration and enforcement of several existing consumer safety statutes was transferred from other agencies to and consolidated under the CPSC. However, in the years since its establishment, the staff and resources of the CPSC have been considerably reduced, leading many observers to doubt its ability to fulfill its mission effectively.
Consequently, Congress considered major reform legislation to address organizational and systemic deficiencies. Legislative proposals in the 110th Congress included provisions targeting specific consumer product defects and hazards. On July 29, 2008, H.Rept. 110-787, the Conference Report for H.R. 4040, the Consumer Product Safety Improvement Act of 2008 (CPSIA), was released after several months of negotiations in the conference committee to reconcile differences between the House and Senate versions of the bill. The bill passed the House of Representatives and the Senate on July 30, 2008 (424-1) and July 31, 2008 (89-3), respectively. On August 14, 2008, President Bush signed the bill into law as P.L. 110-314. CPSC Chairman Nord and Commissioner Moore each expressed approval of the final legislation, with Chairman Nord expressing a desire for Congress to appropriate further funding to carry out the new mandates of the legislation.
This report provides an overview of the prior authority of the CPSC to establish consumer product safety standards and to inspect and recall unsafe consumer products, and discusses P.L. 110-314, the Consumer Product Safety Improvement Act of 2008, reforming the CPSC and strengthening enforcement of consumer product safety standards. It supersedes CRS Report RL34399, Consumer Product Safety Improvement Act of 2008: H.R. 4040, by [author name scrubbed] (out of print but available from author). For an overview of issues regarding safety of consumer products imported from China, see CRS Report RS22713, Health and Safety Concerns Over U.S. Imports of Chinese Products: An Overview, by [author name scrubbed]. For an overview of the issue of phthalates in children's products, see CRS Report RL34572, Phthalates in Plastics and Possible Human Health Effects, by [author name scrubbed] and [author name scrubbed].