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Friday, May 18, 2007

Beneath the Politicking, a Powerless CPSC

As Reg•Watch blogged earlier, Democratic Sens. Dick Durbin (IL) and Bill Nelson (FL) sent a letter to President Bush asking him to withdraw the nomination of Michael Baroody for commissioner of the Consumer Product Safety Commission.

Separately, Nelson has threatened to put a hold on the nomination if Bush does not withdraw it. This would prevent the Senate from voting on Baroody.

A hold could have unintended consequences. As Reg•Watch blogged months ago, CPSC is operating without a voting quorum due to the commissioner vacancy. Sen. Mark Pryor (D-AR) attached to an unrelated Senate bill (S. 4) language which would extend the quorum for six months. However, the bill is stuck in conference negotiations with the House.

While the lack of a quorum does not prevent CPSC from performing its day-to-day work (most recalls are voluntary measures by manufacturers), the Commission is currently powerless in promulgating new regulations.

Baroody's industry ties make him an inappropriate choice for CPSC commissioner. But America needs a fully-functioning product safety agency.

Senate leadership and the White House need to get together and hash this out. For the reasons mentioned earlier, Baroody's nomination is already dead in the water. The White House should offer a more palatable choice, and the Senate should push to confirm the nominee in order to restore the functionality of the CPSC.