Summary
The growing volume of consumer products imported into the United States has strained the resources of the Consumer Product Safety Commission (CPSC), challenging the agency to find new ways to ensure the safety of these products. The Consumer Product Safety Improvement Act (CPSIA) mandated that GAO assess the effectiveness of CPSC's authorities over imported products. GAO's objectives were to (1) determine what is known about CPSC's effectiveness in using these authorities, (2) compare CPSC's authorities with those of selected U.S. agencies and international entities, and (3) evaluate CPSC's plans to prevent the entry of unsafe consumer products. To address these objectives, GAO analyzed CPSC and other agencies' and entities' authorities, reviewed literature on consumer product safety, and compared CPSC's planning efforts with criteria for effective planning practices.
GAO found broad consensus that CPSC's authorities over imported consumer products have the potential to be effective. However, CPSC has made limited progress in measuring the effectiveness of its authorities, and CPSC's ability to implement these authorities has been constrained by competing priorities and limited resources, as well as by delays in implementing key provisions of CPSIA. CPSC's presence at U.S. ports is limited and, in order to identify potentially unsafe products, it must work closely with U.S. Customs and Border Protection (CBP), which faces pressure to quickly move shipments into commerce. CPSC does not have access to key CBP import data it could use to target incoming shipments for inspection, and it has not updated its agreements with CBP to clarify each agency's roles and responsibilities. CPSC's activities at U.S. ports could be strengthened by better targeting incoming shipments for inspection and by improving CPSC's coordination with CBP. Otherwise, CPSC may not be able to carry out key inspection activities efficiently or to effectively leverage its enforcement priorities with CBP. Select federal agencies and foreign governments provide lessons for strengthening CPSC's implementation of its authorities, particularly with respect to border surveillance and information sharing among countries. Both USDA and FDA have more robust border surveillance activities than CPSC because they obtain more data on incoming shipments, have more staff working at U.S. ports, use more developed programs to target risks, and use information technology systems that are integrated with other agency-based and CBP systems to effectively leverage their enforcement priorities with CBP. Other agencies have found that timely CBP import data integrated with other agency surveillance data is useful in screening incoming shipments for potential safety violations. In addition, officials at FDA and USDA have found that efforts to educate overseas industries and governments on U.S. safety standards could reduce the number of unsafe products that reach U.S. consumers. GAO also found broad consensus that continued coordination and information sharing among governments and multilateral organizations can improve the effectiveness of product safety frameworks. CPSC has increased its efforts to coordinate with these other entities, particularly China, but lacks a comprehensive plan for international engagement. CPSC has established annual plans, but lacks a long-term plan with key goals to prevent the entry of unsafe products. CPSC has not yet updated its agencywide Strategic Plan to reflect new authorities granted in CPSIA. This may inhibit CPSC's ability to appropriately allocate any potential increases in agency resources or to address the safety of imported products through international means. An updated Strategic Plan may also help to ensure that CPSC has the requisite compliance and analytical staff to support the full range of CPSC's international efforts.
Recommendations
Our recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.
Director:
Team:
Phone:
Alicia P. Cackley
Government Accountability Office: Financial Markets and Community Investment
(202) 512-7022
Recommendations for Executive Action
Recommendation: To ensure that CPSC is able to exercise its full authority to prevent the entry of unsafe consumer products into the United States, the CPSC should ensure expeditious implementation of key provisions of CPSIA, including establishing the substantial product hazard list and implementing testing and certification requirements that are subject to stay of enforcement until February 2010, and complete its rulemaking as required under the act.
Agency Affected: Consumer Product Safety Commission
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To strengthen CPSC's ability to prevent the entry of unsafe products into the United States, the Chairman and commissioners of CPSC should take actions to improve the agency's ability to target shipments for further screening and review at U.S. ports of entry. (1) To ensure that it has appropriate data and procedures to prevent entry of unsafe products into the United States, the CPSC should update agreements with CBP to clarify each agency's roles and to resolve issues for obtaining access to advance shipment data; and (2) to improve its targeting decisions and build its risk-analysis capability, the CPSC should (a) work with CBP, as directed under CPSIA through the planned targeting center for health and safety issues, to develop the capacity to analyze advance shipment data; and (b) link data CPSC gathers from surveillance activities and from international education and outreach activities to further target incoming shipments.
Agency Affected: Consumer Product Safety Commission
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To provide better long-term planning for its import safety work and to account for new authorities granted in CPSIA, the CPSC should expeditiously update its agencywide Strategic Plan. In updating its Strategic Plan, the CPSC should consider the impact of its enhanced surveillance of the marketplace and at U.S. ports as discussed above and determine whether requisite analytical and laboratory staff are in place to support any increased activity that may occur at U.S. ports. Furthermore, the CPSC's Strategic Plan should include a comprehensive plan for the Office of International Programs and Intergovernmental Affairs to work with foreign governments in bilateral and multilateral environments to (1) educate foreign manufacturers about U.S. product safety standards and best practices, and (2) coordinate on development of effective international frameworks for consumer product safety.
Agency Affected: Consumer Product Safety Commission
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
