On the eve of an important Senate committee meeting to consider the legislation, Nancy A. Nord, the acting chairman of the Consumer Product Safety Commission, has asked lawmakers in two letters not to approve the bulk of legislation that would increase the agency’s authority, double its budget and sharply increase its dwindling staff.
Ms. Nord opposes provisions that would increase the maximum penalties for safety violations and make it easier for the government to make public reports of faulty products, protect industry whistleblowers and prosecute executives of companies that willfully violate laws.
The measure is an effort to buttress an agency that has been under siege because of a raft of tainted and dangerous products manufactured both domestically and abroad. In the last two months alone, more than 13 million toys have been recalled after tests indicated lead levels of almost 200 times the safety ceiling.
Ms. Nord’s opposition to key elements of the legislation is consistent with the broadly deregulatory approach of the Bush administration. In a variety of areas, from antitrust to trucking and worker safety, officials appointed by President Bush have sought to reduce the role of regulation and government in the marketplace.
WASHINGTON-- It's a national embarrassment.
The Consumer Products Safety Commission is ordinarily not a controversial agency -- it is so small it operates largely in obscurity. But it has suddenly become a public outrage, a symbol of the Bush administration's cavalier attitude toward the public good when it conflicts with big business interests.
We have always known this is President Bush's basic notion of how to govern, but up to now we had seldom been hit smack in the face with it. The acting chairman of the CPSC, Nancy Nord, testified recently on Capitol Hill that the commission opposed congressional efforts to expand the agency's budget and powers in order to get a handle on tainted toys and other products flooding the U.S. from China.
Her indifference to the threat from lead-contaminated toys and other consumer items created a firestorm. It forced the administration to rush forth with an alternative plan that had been languishing for months. That plan would set up a system allowing most industries to police themselves but add more inspectors for companies with particularly dangerous products or bad safety records.
It is, predictably, far more limited in scope and authority than the congressional plan. But it will temporarily serve the administration's purpose of muddying the issue.
The decline of the CPSC is a shame. Congress proposed the agency at the peak of the consumer movement in the late 1960s, when the country was rebelling against the traditional concept of caveat emptor -- let the buyer beware. The public was tired of business getting away with shoddy practices and shoddy goods.
The major champion of the cause, Ralph Nader, was listed in a magazine as one of the nation's 10 "most admired" men and consumerism enjoyed support across political and philosophical lines. But then Nader, full of himself, made a major mistake. He endorsed the 1972 presidential candidacy of George McGovern and dragged his cause to the far left. As a consumer crusader, he was popular; as a potential presidential candidate, he was a disaster.
(And still is -- Democrats loathe him because his pitiful 2000 candidacy got just enough votes to do in Vice President Al Gore in Florida's tight contest. Yet he recently mused that he would like to run for president again next year because he saw no difference between GOP and Democratic principles. The man is an egomaniac.)
Meanwhile, the CPSC continues its drastic fall. Nord and her predecessor, Hal Stratton, have made several trips around the world on junkets financed by the industries they are supposed to be regulating.
Nord rejected the congressional offer of more money and authority. She warned that the bill "would harm product safety and put the American people at greater risk."
Nord's logic seems a little nutty.
The bill would increase the agency's budget from $63 million to $142 million by 2015 and increase its staff by 20 percent. It would raise the cap on penalties for safety violations from $1.8 million to $100 million, ban lead in kids' products and make it illegal to sell recalled goods. It would add whistleblower protections.
But she is used to viewing the world from the one-sided viewpoint of business. She is a lawyer who worked for the U.S. Chamber of Commerce and in private practice for clients such as General Electric and other leading manufacturers and retailers.
Her agency is responsible for overseeing more than 15,000 types of products. But it has only 400 staffers, fewer than half the number when the agency was formally established in 1973. It has only one full-time toy tester.
The CPSC has been without a chair for more than a year. In March, Bush nominated Michael Baroody, a manufacturing industry lobbyist, to become chairman. He withdrew his name two months later rather than reveal his severance agreement with the National Association of Manufacturers.
Democrats are now calling for Nord to resign. She is certainly in an inappropriate job. But Senate Majority Whip Dick Durbin, D-Ill., warned that if she leaves, Bush might just forget to replace her and leave the commission rudderless and helpless. That seems to have been Bush's goal all along. To get real consumer protection, we will have to wait for a Democratic president.