CPSC FY 2011 Budget Request Includes Funding for CPSIA Enforcement, Import Surveillance, ITDS, Etc.
The Consumer Product Safety Commission has recently released its fiscal year 2011 budget request, which includes $400 million in additional funding1 for regulatory enforcement, import surveillance, defect investigations, information technology modernization, etc.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
The proposed FY 2011 funding would enable the CPSC to continue implementing Consumer Product Safety Improvement Act (CPSIA), provide consumer access to a public database for greater safety information, establish an effective safety certification program to ensure that products meet safety standards, and enforce new rules to ensure that children's products are safe from hazards such as lead and phthalates.
FY 2011 CSPC Request Includes Increases for Enforcement, IT, Nanotechnology
Highlights of the FY 2011 CPSC request include:
Enforcement. CPSC's FY 2011 request proposes an increase of $4,647,000 to support additional responsibilities for regulatory enforcement, import surveillance, and defect investigations.
Regulatory Enforcement. The request proposes an increase of $1,647,000 to enforce the growing number of new rules promulgated under CPSIA (4 compliance officers, 5 field investigators, 3 laboratory testing and other technical specialists, 2 attorneys, etc.).
In 2011, CPSC's work will shift from developing CPSIA mandated rules to enforcing those rules, significantly increasing the enforcement workload. CPSC notes that the number of rules mandated by CPSIA during 2009 and 2010 is more than double the number of rules promulgated by the CPSC since 1990 - a dramatic increase in enforcement responsibility.
Import Surveillance and Verification. The request proposes an increase of $1,965,000 to expand coverage at the ports, verify third-party certification, collect suspect samples for testing, stop unsafe products from entering the country, and process additional import samples (5 investigators/analysts to be stationed at the ports, 2 compliance officers to process the additional import samples, etc.) This increased funding includes $100,000 for the destruction of goods refused at the ports by CPSC.
CPSC's request also proposes a $250,000 increase to plan with U.S. Customs and Border Protection's (CBP) International Trade Data System(ITDS) and establish targeting criteria.
Defect Investigations. Along with enforcement of CPSC's regulations, increased resources are also needed to identify and recall defective products and to strengthen CPSC's defect investigation capacity. The request proposes $1,035,000 (3 compliance officers, 5 field investigators, 1 technical specialist, and 1 attorney) for this effort.
IT Modernization. CPSIA requires the CPSC to modernize its IT systems and develop a database searchable by the public that allows consumers to submit incident reports and provides immediate access to consumer product safety information. In response to the CPSIA mandate, CPSC is developing a single, integrated web-based environment, the Consumer Product Safety Risk Management System (CPSRMS), which changes the way the CPSC identifies hazards. CPSC will have powerful tools to report, analyze, and respond to product hazards. The new technology also reengineers how CPSC will interact with the public through the new public database, scheduled for release to the public by March 11, 2011.
Nanotechnology. The request proposes $2 million to support the federal National Nanotechnology Initiative data collection activities and environmental, health and safety research related to consumer products. This emerging technology must be assessed as more consumer products employ nontechnology. Public concerns are increasing regarding the potential health effects associated with exposure to this technology.
Non-recurring Expenses Include Drywall Investigations, China Office Setup
CPSC states that FY 2010 expenses which are non-recurring in FY 2011 allow CPSC to reallocate funds within the budget request for new items. The FY 2010 expenses which do not recur in FY 2011 include funding for imported drywall investigations, and the costs for starting up CPSC's China office.
1For FY 2011, $118,600,000 is being requested (up $400,000 from the $118,200,000 appropriated in FY 2010).
See future issue of ITT for details on CSPC's plans for FY 2011.
CPSC budget materials available at http://www.cpsc.gov/cpscpub/pubs/reports/2011plan.pdf.