CONTENTS Page Dawson, Carol G., Vice Chairman, Consumer Product Safety Commission. DeFiore, Leonard, Executive Director, Consumer Product Safety Commis- Fise, Mary Ellen, product safety director, Consumer Federation of Amer- Franklin, Barbara Hackman, president and chief executive officer, Graham, Anne, Commissioner, Consumer Product Safety Commission........ Lacy, James V., General Counsel, Consumer Product Safety Commission... McCann, S. Anthony, Assistant Secretary for Management and Budget, Department of Health and Human Services...... Pittle, R. David, technical director, Consumers Union. Ryan, Jim, on behalf of American Association of Retired Persons.. Scanlon, Hon. Terrence, Chairman, Consumer Product Safety Commis- Schmeltzer, Dave, Director, Compliance and Administrative Litigation, Steorts, Nancy Harvey, president, Nancy Harvey Steorts & Associates....... Snow, David A., Riverside, CA.. Center for Occupational Hazards, statement.. 24 18 164 210 Commerce, Consumer Protection, and Competitiveness Subcommittee, Letter, dated June 8, 1987 from Mary Ellen Fise to David Schmeltzer. Letter, dated July 8, 1987 from Mary Ellen Fise to Hon. Howard Nielson re response to request for additional information........... Letter, dated June 30, 1987 from Edward Harrill to Hon. William Dannemeyer re responding to June 24, 1987 inquiry to recent lawn Memorandum: ATV policy, from Anne Graham to Chairman Scanlon U.S. Public Interest Research Group, statement........... 224 CONSUMER PRODUCT SAFETY COMMISSION REAUTHORIZATION THURSDAY, JUNE 4, 1987 HOUSE OF REPRESENTATIVES, COMMITTEE ON ENERGY AND Washington, DC. The subcommittee met, pursuant to notice, at 11 a.m., in room 2322, Rayburn House Office Building, Hon. James J. Florio (chairman) presiding. Mr. FLORIO. The subcommittee will now come to order. Let me welcome all in attendance to this very important committee meeting dealing with the reauthorization of the Consumer Product Safety Commission. Let me also, at the outset, apologize for the delay this morning. Unfortunately, a very important leadership meeting that some of our colleagues had to attend is the reason for us having to delay the meeting. As I think many of you who track our committee meetings know, we try to be as punctual as possible, and usually are, and it is only under extraordinary circumstances that we have such delays. The subcommittee's hearing today is, as I said, dealing with the Consumer Product Safety Commission, reauthorization for the Commission as well as part of our ongoing activities in looking into the performance of the Commission. The first purpose of the Consumer Product Safety Act is "to protect the public against unreasonable risks of injury associated with consumer products." When passing the Act, Congress found that the "regulation of consumer products...is necessary to carry out" the Act. The fundamental purpose of the Act over the years has not in any way changed. There is as much need today to protect consumers from unsafe products as there has ever been. While I believe some at the Commission are properly concerned about protecting consumers, the Commission's overall record in the last number of years has not been one to inspire a lot of enthusi asm. Examples of consumers injured by products that the Consumer Product Safety Commission should be controlling are, unfortunately, all too frequent. Budget cuts, personnel reductions, and administrative problems have devastated the Commission. But, unfortunately, there is even more. (1) Even when the Commission votes to act, there are those who are not working to fully implement the intent of the Commission's actions. Decisions are not implemented. And, of course, we will probably get into a discussion about the ATV situation in the course of the morning. Three weeks ago we held a hearing on the all terrain vehicles. In February, the Consumer Product Safety Commission asked the Justice Department to represent it in an enforcement action against these hazardous vehicles. Justice has still not agreed to file the case, as I understand it, and we will get some clarification today. And I fear that there may be an attempt to negotiate away part of the relief voted by the Commission. In opposition to the views of the Commission, it has been represented to us that the Chairman has removed appropriate attorneys, experienced attorneys from the case. We will undoubtedly go into that and hear differing interpretations as to what the action of the Commission has been. In this instance, on ATV's, the Commission has finally voted on a plan to protect consumers. And quite frankly, the plan is a bare minimum as to what is required to provide such protection. And it appears that there are efforts to negotiate reductions of even that minimum degree of protection that the Commission is advocating. It is a question of whether we are going to protect consumers or not. In this instance, with the ATV's, the representation has been made by the Commission itself that on an average, 20 people per month die from ATV's, at a point when we don't appear to be able to decide whether we should be regulating them or not. I am appalled that we have no statement that the Justice Department will, in fact, acquiesce in the decision of the Commission to go forward with enforcement. The lawn dart controversy is one that we are going to be looking at in some depth today. This is a lawn dart. And I have just found out exactly what it entails. We have had injuries, and we will have some very dramatic and unfortunate testimony today with regard to injuries resulting from the failure of the Commission to enforce its existing regulations. For example, in April, 7-year-old Michele Snow was injured when a lawn dart struck her in the head. She died 3 days later. The lawn darts had been sold in a toy department, contrary to Commission regulations. The question then is, why aren't the regulations enforced, even after the tragic death of this child? We will have testimony that notwithstanding this unfortunate accident happening, that people who have gone back to the same facility after this occurred have continued to find a violation of the regulations that are in effect. In sum and by way of conclusion, we have got a situation of an indefinite amount of time being allowed to pass with regard to the decision as to whether regulations should or should not go into effect, as in the case of the butane lighters. And we will be having more testimony about that. Then, when a decision is finally made that regulation is appropriate, we find inordinate delays on the enforcement of the regulation implementation recommendation, as with ATV's. And then, when we find that regulations are ultimately enforced and go into effect, we find that no one is enforcing the regulations, as is the case with the lawn dart. This Agency is clearly off track. And if there is leadership that is required and the leadership from the Commission is not going to provide the ability to get it back on track, then I am convinced that the Congress is going to provide that leadership. And if someone is going to criticize that type of initiative as micro managing, well, so be it. But it is unacceptable that we have this situation in this country dealing with product safety, and I am convinced that there is a consensus growing in the Congress that there is a need for action to get the Commission back doing what it is supposed to be doing. I will at this point recognize the gentleman from Utah for any opening statement. Mr. NIELSON. Mr. Chairman, I have been involved with the reauthorization of the CPSC a number of times in the Health and Environment Subcommittee, and I am looking forward to the testimony. I am particularly interested in hearing the testimony of former Commissioner Steorts and others. I appreciate the Chairman's arranging this meeting and I look forward to the testimony. Mr. FLORIO. Thank you very much. The gentleman from New Mexico was next. Mr. RICHARDSON. Mr. Chairman, I have no opening statement. I am interested in the Commission's statements today. As an author on a bill on product liability, obviously the issue of the consumer impacts dramatically on what this Commission does, and I look forward to the testimony, and commend you for holding this hearing. Mr. FLORIO. Thank you very much. The ranking Minority member, Mr. Dannemeyer. Mr. BATES. Thank you, Mr. Chairman. I support your holding of the hearings on the reauthorization of the Consumer Product Safety Commission as well as your strong consumer advocacy positions, and I hope to support you on efforts to take a hard look at this Commission's activity. I would be particularly interested in attempting to include in the reauthorization legislation which would remove the special and unwarranted exemption afforded the tobacco and tobacco products under the Consumer Product Safety Act, if that would be appropriate. Thank you. Mr. FLORIO. We are now pleased to have with us our first witness, Mr. David Snow. Mr. Snow, we would appreciate your coming forward to our microphone. Mr. Snow is the father of the young girl that I made reference to in my opening remarks. We particularly appreciate Mr. Snow's |