Additional material submitted for the record by-Continued Insulation thermal (loose fill for pnuematic or poured applica- Insulation thermal (mineral fiber for pneumatic or poured Page 239 262 Insulation blankets, thermal (mineral fiber for ambient tem- 285 Society of International Cellulose Insulation Manufacturers: Letter dated June 14, 1977, from Mr. Mesigh, vice president, Letter dated December 2, 1977, from Mr. Richardville, president Letter dated January 19, 1978, from Mr. Rodin, Society of Letter dated February 9, 1978, from Mr. Fitzgerald, executive American Home Economics Association, Beverly Crabtree, president_ 213 219 221 222 316 317 318 AUTHORIZATIONS AND OTHER AMENDMENTS TO THE CONSUMER PRODUCT SAFETY ACT FRIDAY, FEBRUARY 24, 1978 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON CONSUMER PROTECTION AND FINANCE, Washington, D.C. The subcommittee met at 9:20 a.m., pursuant to notice in room 2359, Rayburn Building, Hon. Bob Eckhardt, chairman, presiding. Mr. ECKHARDT. The Subcommittee on Consumer Protection and Finance will be in session. Today, the Subcommittee on Consumer Protection and Finance will begin two days of hearings on legislation to amend the Consumer Product Safety Act. This hearing will focus on H.R. 10819 which would amend the Consumer Product Safety Act to extend the Commission's authorization for fiscal year 1979 and to allow the Commission to coordinate mandatory safety standards development efforts. This legislation is par tially the result of our subcommittee's and the Subcommittee on Oversight and Investigation's joint oversight hearings on CPSC last September. During those hearings, the subcommittees examined the effectiveness of the offeror process as a means of developing mandatory safety standards. We noted that, after 5 years, only two safety standards are presently in effect: Architectural glazing and swimming pool slides. While many of the problems associated with standard-setting procedures could be traced to poor management on the part of the Commission, the subcommittee found that a conflict within the offeror process was a principal cause of the problems. The conflict stems from the fact that the statute places upon the Commission the ultimate responsibility for the development of safety standards. Yet, the process also requires the Commission to accord great weight to the judgments of the offeror as set out in its recommended standard. The long periods of time which the Commission has required to review an offeror's recommended standard are symptomatic of this conflict. Instead of reviewing the recommended standard and its supporting technical rationale, the Commission has often found it necessary to rewrite substantially a recommended standard, substituting its judgment on the levels of safety required for those of the offeror. Not only is this time-consuming and expensive, but it also defeats the purpose of the offeror process, that is, to have public participation at an early stage in the rulemaking process. (1) The resolution of this conflict may be to allow the Commission to coordinate safety standards development efforts under conditions similar to those set out in H.R. 10819. Under the bill, the Commission would be subject to the identical public participation and recordkeeping requirements that are presently applicable to offerors. In addition, the Commission could provide financial assistance to those groups whose contribution is likely to produce a more satisfactory standard. I believe such a revised procedure would insure effective public participation and eliminate much of the duplication of effort inherent in the present process. H.R. 10819 would require the Commission to work directly with interested parties in the development of a standard. This is surely a more effective form of public participation than under the present procedure where the offeror's judgment is often replaced by the Commission's during its evaluation. Furthermore, such a direct working relationship would eliminate the duplication of effort inherent in having an offeror spend several months developing a recommended standard and then having the Commission spend up to twice as long reviewing and rewriting that standard. The second day of hearings, which are scheduled for February 28, will focus on H.R. 10637. This legislation establishes an interim mandatory product safety standard for cellulose home insulation. The legislation has been proposed by Congressman Moffett in response to disturbing reports about the flammability and corrosion hazards presented by cellulose insulation. Although none of the public witnesses today will address the insulation bill, we will have questions for the Commission on it. The hearings on Tuesday will give public witnesses an opportunity to comment on this legislation. Without objection, at this point, the text of H.R. 10819, H.R. 10637, and S. 2401 will be placed in the record. [Testimony resumes on p. 15.] [The text of H.R. 10819, H.R. 10637, and S. 2401 follow:] 95TH CONGRESS 2D SESSION H. R. 10819 IN THE HOUSE OF REPRESENTATIVES FEBRUARY 7, 1978 Mr. ECKHARDT introduced the following bill; which was referred to the Committee on Interstate and Foreign Commerce A BILL To amend the Consumer Product Safety Act to extend the authorization of appropriations contained in such Act, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That section 32 (a) of the Consumer Product Safety Act (15 4 U.S.C. 2081 (a)) is amended— 5 6 7 8 (1) in paragraph (3), by striking out "and" at the end thereof; (2) in paragraph (4), by striking out the period at the end thereof and inserting in lieu thereof "; and"; 1 2 3 4. 5 2 (3) by adding at the end thereof the following new paragraph: “(5) $55,000,000 for the fiscal year ending September 30, 1979.". SEC. 2. (a) Section 7 (b) of the Consumer Product 6 Safety Act (15 U.S.C. 2056 (b)) is amended 7 8 9 10 11 12 13 (1) by inserting “(1)” after “ (b)"; (2) by redesignating paragraph (1) through paragraph (4) as subparagraph (A) through subparagraph (D), respectively; (3) in subparagraph (C) as so redesignated in paragraph (2), by striking out "and" at the end thereof; and (4) by striking out subparagraph (D), as so re designated in paragraph (2), and the two sentences fol 16 lowing subparagraph (D), and inserting in lieu thereof 17 the following: "(D) include "(i) an invitation for any person (other than the Commission), within thirty days after the date of publication of the notice, to submit to the Commission an existing standard as the consumer product safety standard; and "(ii) (I) an invitation for any person (other than the Commission), within thirty days after the |