RELUCTANT PROTECTOR

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Connecticut Congresswoman Rosa Delauro (D-3rd District) last week publicly chastised Nancy Nord, the acting chair of the U.S. Consumer Product Safety Commission (CPSC) for being a reluctant protector of the public, in the congresswoman's view. DeLauro is so upset with Nord's performance and recent statements she said the regulator should resign her post immediately.

DeLauro and others in Congress believe the Consumer Product Safety Commission needs its staff of inspectors and its budget beefed up in the wake of numerous imports of lead-tainted toys from China and other product recalls in recent months. Legislation to double the budget and dramatically increase the agency staff is wending its way through Congress.

Nord triggered DeLauro's ire by stating she opposes the legislation. Huh? A bureaucrat rejecting more money and staff? Nord claims the extra resources come with a price—tougher penalties for safety violations, new industry whistleblower protection, enhanced public notice of product recalls, and government authority to prosecute company executives who willfully violate product safety laws.

If you think those new provisions sound like things the Consumer Product Safety Commission should be doing, you'll understand why DeLauro is upset. She calls Nord's attitude "an outrageous abuse of the public trust" and said, as in the case of tainted toys, "too often it is our children who are put at risk."

Generally, the Bush administration has stressed deregulation and has contended that government is too quick to tell industry what to do. Industry can police itself with less cost to taxpayers, and less litigation according to Bush philosophy. DeLauro doesn't buy that thinking.

"We can no longer accept federal agencies tasked to protect the public that seem to be interested only in protecting business from embarrassment or cost," the congresswoman said. As for the Consumer Product Safety Commission chair, DeLauro asked: "What does it say about this administration when the agency's chief regulator (Nord) shuns all of her regulatory responsibilities?"

Last Friday, the Washington Post reported that Nord took several trips on the tabs of toy, appliance, and children's furniture industries and others that her agency regulates, according to internal documents secured by the newspaper.

The CPSC defended industry-paid trips for its officials as a way to be in contact with manufacturing officials and listen to their concerns, despite the agency's limited travel budget. Question to Nord: Maybe you do need that funding increase?

DeLauro said this year's toy recalls strongly suggest that imported products are "questionable at best" and the CPSC should have the inspectors, budget, and the will to protect the American public from hazardous products of all kinds, especially those used by kids. "Trade should never trump public health or consumer safety," she said.

Up to this point, Nord has had the support of the White House in her agency actions and opposition to Congressional efforts that would bring new power to the CPSC. However, Nord is the acting chair of the commission, so the president easily could make a change.

That can't happen soon enough for DeLauro. "The American public deserves someone better," said the congresswoman. "It's time for (Nord) to resign." DeLauro said simply replacing the CPSC leader won't guarantee reform. "Congress has got to put the teeth back into regulatory agencies," she said. "This is about government's basic obligations to its citizens."

 

 

Posted 11/05/07

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