Senate passes Consumer Product Safety Commission overhaul bill

The Senate passed an overhaul of consumer safety oversight Thursday, 79-13, setting in motion legislation to beef up standards to help keep dangerous products off store shelves and authorizing a budget boost for the Consumer Product Safety Commission.

More than 20 amendments made it into the managers' package, including a compromise with Republicans on whistleblowers. The vast majority of additions were Democratic amendments, but Sen. John Cornyn, R-Texas, managed to fit in his amendment to eliminate what he referred to as "a litigation magnet."

The bill originally allowed whistleblowers to receive a percentage of penalties levied upon manufacturers who are successfully sued.

The provision was reduced to allow whistleblowers to sue manufacturers for as much as $250,000 in damages. Cornyn eliminated the damages provision, though whistleblowers would be allowed to seek back pay.

Minority Whip Jon Kyl, R-Ariz., included an amendment addressing the ability of state attorneys general to hire outside counsel. The bill originally allowed AGs to sue manufacturers that violate consumer safety law for damages, but that power was reduced to injunctive relief during bipartisan negotiations.

Negotiations regarding the AG provision while the bill was on the floor centered on states' ability to hire outside counsel. Kyl's amendment requires courts to review fees paid to outside counsels to ensure compensation is not exorbitant. Kyl ultimately voted against the bill.

The stack of amendments did not dramatically alter the bill. A handful called for studies in different consumer product arenas.

Co-sponsors Sens. Amy Klobuchar, D-Minn., Bill Nelson, D-Fla., and Olympia Snowe, R-Maine, authored an amendment included in the final bill dealing with nursery product standards similar to language in the House-passed bill.

"Most of us would be shocked to learn that most of the safety guidelines for durable nursery products are not set by the CPSC but are voluntary standards that are set by the manufacturers of the products," Nelson said.

The amendment requires CPSC to create nursery product safety regulations. The Senate bill already included a similar provision on toys, and the American Academy of Pediatrics had pushed to mesh that aspect of both bills.

Passage sets the stage for what could be a difficult conference. Sen. Mark Pryor, D-Ark., the chief sponsor, repeatedly has claimed the Senate bill is more transparent than the House's, has more enforcement and is more comprehensive.

House Energy and Commerce Chairman John Dingell, D-Mich., and Commerce, Trade and Consumer Protection Subcommittee Chairman Bobby Rush, D-Ill., wrote Pryor Wednesday decrying his remarks. Dingell and Rush claimed the Senate bill contains "highly prescriptive measures" not in the House bill. Pryor plans to schedule a meeting with House members next week, the senator's spokeswoman said.