From u. S. Consumer Product Safety Commission members on hazard quus products and consumer safety. They spoke about recent recalls including a fisher price sleeper that was associated with the deaths of more than 30 infants. This is about an hour and 15 minutes. Good morning, everyone. The subcommittee will come to order. Welcome to todays oversight hearing on consumer Product Safety Commission. Thank you to all the commissioners for being with us today. I am meezed that were having an on time start. We have votes at 11 30. There will only be one round of questions. That doesnt mean the witnesses cant pretend they dont have all the answers in the first round of questions. We expect you to answer them fully and to the best of your ability. The commission is fully formed and five members. According to that commission, deaths and injuries and Property Damage if incidents stemming from Consumer Product cost the nation more than a trillion dollars. Thats an economic cost, the cost to human beings and lives and families is even much more and unknowable. You have a mandate to protect consumers from risks associated with 15,000 Consumer Products including household products, toys, Sporting Goods and more. They were established by the safety act in 1972. The jurisdictionally independent agency chargesen with forcing various federal statutes geared at protecting consumers. Central to the commissions function is the use of voluntarily Consumer Product standards instead of mandatory regulations, requirements when appropriate. This approach allows the agency to have a collaborative working relationship with consumer advocacy groups, manufacturers, importers, retailers and other stake holders which increases the flow of data driven decisions. While the commission is a relatively small agency, the influence is felt across the country and our economy. I look forward to hearing about your initiatives and rulemaking agenda. In 2017, we held a hearing to examine the effectiveness of the Virginia Green baker pool and spa safety act which enhanced the safety of public and private pools and spaz and reducing drownings. While this law had a positive impact on improving pool safety, they published a report this past may indicating the total number of drownings in 2016 and the total number of drownings in 2015 including instances involving very young children. I hope the commission today will provide recommendations on what else can be done to prevent the tragic deaths. The efforts to keep pace with the increasingly Technology Economy will continue to be critical aspect of the agencys effectiveness. As unauthorized disclosures of confidential information is in the public and private sectors including the cpsc, heightened attention to resources and staffing are dedicated to protecting such information is clearly necessary. For these purposes, the Ranking Member and i introduce the cpsc chief Information Officer parody act which ensure the agencys top i. T. Expert has significant roles in the Commission Decision making process for budget and personnel purposes. In addition, it would authorize the commission to bring a chief data officer and a chief technologyist to support such efforts and protect the agencys systems from vulnerabilities. As the fourth of july approaches, id like an update on the commission on an issue we discussed so many times in public setting and in private mettings. Firework devices. Thank you to the commissioner and the other three and dana bacio and elliott cane for speaking to the subcommittee today on issues that impact our nation. Our nations consumers. Following tuesdays news of withdrawing her pending nomination, id like to thank acting chairman merkel for her dedicated Public Service on the commission for the past six years. And as the acting chairman for the past 2 1 2 years. Her leadership is commendable. With that, i will turn to the Ranking Member of the full committee. Thank you, chairman, for holding this oversight hearing and for the commission being here. The consumer Product Safety Commission is a small federal agency with a huge mission. It is to be the cop on the beat when protecting consumers from potentially dangerous products. Time and time again though over the last two years, ive seen a pattern with the commission where it is deferred to the industry on critical product safety matters instead of being more aggressive as a commission. From the get go, almost all of the consumer commissions pending product rule makings were determine natured. For instance, instead of setting mandatory standards for Window Blinds to protect kids if cord strangulation, they set their own standard. Another rule involves shut off switches for portable generators which are commonly used after a power failure is caused by hurricanes or winter storms that we get in the pacific northwest. The xwen rateors propose a Carbon Monoxide poisoning threat. The portable Generator Manufacturers Association to write their own standards. The failures have not just been with the Safety Standards intended to protect against dangerous products. Also, the consumer Product Safety Commission initially essentially stopped imposing Civil Penalties on manufacturers. I think two recent examples highlight a trend that is very problematic. First involved the bob jobbing stroller. The consumer Product Safety Commission found a serious defect in the stroller that allowed the front wheel to detatch unexpectedly. Those detatchments caused serious injuries. Some on the Commission Voted to move forward with a lawsuit against the manufacturer. But instead the commission sought a settlement with the company that resulted in little more than a Public Safety campaign and provided certain consumers with replacement parts. Other consumers with older models got nothing more than a 20 coupon on the stroller. The second is the infant sleeper. According to the Consumer Product report, 35 instant deaths have been associated with this product since 2009. The commission did not reveal this information until a Consumer Reports blue the whistle and brought it to the public. So who knows how many more children could have been impacted. Even if the product was recalled, the Commission Found a way to continue to fail the consumer when it the commissions recall notice listed just refund as the remedy for consumers. So consumers will only get a voucher for another and so this is very problematic. We have a tradition on the committee of working together to inact Bipartisan Legislation to help protect consumers and the Consumer ProductSafety Improvement act of 2008 which was signed into law by george bush gave the consumer Product Safety Commission substantial new authority to protect consumers. So Going Forward, i hope that the white house will put forth names to put American Consumers an our Children First when protecting them with these laws. I thank the chairman, hike forward to hearing from the commissioners. Ranking member, thank you very much for joining us today. And senator bloom entienthal is expected to join us shortly. Lets begin with the testimony. We begin with the acting chairman. Thank you. Thank you. Good morning. Thank you distinguished members of the committee. Im pleased to discuss the Good Progress being made at the consumer Product Safety Commission. As you know, earlier this week i announced minute tension to step down as the acting chairman and kmeet only my current term as a member of the commission. I feel honored for the opportunity to have served as a commissioner for the cpsc since 2013. And as the acting chairman for 2 1 2 years. My respect for this agency, its mission, and most importantly for the staff has grown with each and every year i have been with the cpsc. Throughout my time i led with integrity and principle. Ill always, always with our Safety Mission above mikz. Im incredibly and proud of the accomplishments achieved during my tenure and deeply appreciate the support and excellent work by the cpsc staff. Together we have taken many actions that save lives every day including initiating a multipronged approach on strengthening furniture tipover Safety Standards and enforcement. Eliminating window cords in 80 of the market to prevent child strangulation. Educating people on the dangers of carbon monday oxize poisoning and facilitating portal generator standards, resulting in safer products being available today as we speak in the marketplace. Dispersement of grants. Approval 14 new or revised mandatory standards, many for children and infant products. Leading cpscs effort to address the safety of the internet of things, including the formation of an Interagency Working Group led by the cpsc. Jumpstarting a process to improve and modernize safer products. We have tried tone hans the organization and prioritization of staff as well as resources. The work we have done and the continues to occur will help that the cpsc is equipped to succeed in a rapidly changing global marketplace where the types of products and how consumers buy and interact with those products is constantly evolving. Engagement with our stake holders has been a priority for me. They improve safer products. And we were able to make the very next day. Others were examining and have put forth funds in our midyear to fund that project. To better understand the products we regulate, i asked staff to hold several tech to tech meetings. These meetings help our staff, understand how products in real world situations and help regulated industries understand the concerns of our staff and the issues that manufacturers need to address. No group is more influential. The courage, resolve and desire to ensure that no other parent, relative or loved one has to suffer the tragedy that they faced has helped me to never lose sight of the importance of the cpsc mission and its effect on americans. The effort of parents who lost children to furniture tipovers is why i have been called for a tougher standard for these products. These achievements could not have been approved about it staff. However, they need the proper resources to do their job. As you have heard me say again and again, cpsc needs more resources. Cpscs mission has long dwarfed its budget. Im proud that the advocacy for the agency has resulted in providing increased funding in the houses current mark of 135. 5 million. My hope as i depart this trend continues and the budget is finally to be able to be on par with its critical mission. Following my departure, my hope is that staff and the commission will build upon the successes of my tenure as i have sought to build on the legacies of those who came before me. I hope my efforts to put politics aside and make principle Decision Making will continue. Making civility and robust engagement a priority. And i hope it is an agency that continues to leverage the expertise and knowledge of our staff to advance Safety Measures for consumers everywhere. My life has always been an advocacy and health care and Public Service. I believe my time at cpsc has been a culmination of a lifetime of advocacy. I want to say here this morning it has been an honor to serve both the obama and the trump administrations to protect americans and keep their families safe. Thank you again, chairman moran for the opportunity to be here today and i do look forward to answering any questions that you might have. Thank you. Chairwoman, thank you for your testimony and for your Public Service. Mr. Adler . Good morning. Im pleased to be here to discuss an agency that ive been associated with in some fashion since the opening in 1973 and where ive been a commissioner since august of 2009. At the outset, id like to say a few words about my colleague and friend, acting chairman. Id like to thank her for her service in what is often an exceedingly difficult job and id like to commend her for her grace under pressure. Of course, my affection and respect for her do not mean that she and i share the same regulatory philosophy or view of policy approaches far from it. But i think shes an excellent role model for disagreeing without being disagreeable if her fair and respectful treatment of staff serves as an example for us all. Turning to my remarks, cpsc the smallest health and Safety Agency in the federal government with the current funding level of just 127 million and a staff of 539 people. Let me put our budget in perspective. Our Sister Agency fda recently asked for an increase in its budget, increase in its budget that is five times what our entire budget is. Notwithstanding our modest budget, our jurisdictional scope as the chairman said is extremely broad encompassing 15,000 product categories. This october will mark the 47th anniversary of the passage of the landmark Consumer Product safety act. Looking back, i believe that congress and the agency should take great pride in what we accomplished especially given the immense scope of our mission. Among our many achievements, i would like to note the dra the maic drop over the years in death and injuries to children from Consumer Products. To say the least, that does not mean our work is done. But i think it does mean we made major progress. Despite this progress, much of our work is stimied by several statutory roadblocks. When the agency was established in 1973, we promulgated numerous critical safety rules dealing with hazards that ranged from flammable childrens sleep wear, shattering glass pains and unsafe toys and we did it under the traditional rulemaking approaches in the Administration Procedure act. The agency wrote 24 safety rules in the first eight yoeears or three per year. Congress imposed a set of procedures on cpsc and have had the infect of stalling and lengthening our rulemaking efforts. In the following 38 years since 1981, we managed to get only 10 safety rules under these procedures and thats about one every 3 1 2 years versus three per year. We really only one safety rule using the procedures in the past ten years. Let me be blunt. I have little doubt that lives have been lost and injuries incurred because of these delays in our rulemaking. With no particular improvement in the quality of the standards that we write. While im discussing parts of the statute that id like to see reformed, id also must mention the onerous information disclosure restrictions under which cpsc must operate. I refer to the provisions of section 6 b. Unlike any other federal health and Safety Agency when cpsc wants to warn consume berzrs ab hazard, we first have to run our press release past the company to see whether they have any objections to it. And especially in recalls that, Means Companies can object to our proposed hazard warning and threat tone sue us unless staff waters down the release. Imagine a product where a dozen consumers have died and the company doesnt want us to include that fact in the release. Put yourself in the shoes of staff who need to balance a timely warning against a threat of delays brought about by litigation and you can see the dilemma that staff is often faced with. I think you can see we have a problem. Id like to mention one final point in my testimony and thats a concern i have about a Vulnerable Group of which im a proud member and that is senior citizens. We make up about 13 of the population but we account for roughly 65 of the Consumer Product related deaths. And we are a rapidly growing demographic. Far and away the greatest product related hazard for seniors is falls. 75 of the fatalities that we suffer. We also suffer disproportionately from fires, seniors are nearly four time as likely to die in a home fire as the general population. And there are numerous other products where seniors suffer disproportionate injuries and death. I urge you to consider measures that would help with the serious challenges that seniors face in the coming years. Thank you very much for your attention and i look forward to any questions you have. Thank you, commissioner. Commissioner biaco . Good morning. Thank you for inviting me to this hearing. I think it is a very big responsibility to discuss with all of you the performance of the agency and indeed a frank evaluation of the agencys performance is the first step to ensuring that the agency is operating effectively, given the complex and fast paced issues in todays Consumer Product safety world. The agency ask and must do more to facilitate the mission in this global economy. First, we must enhance the agency as a whole to better serve the consumer. To do this the Commission Must commit immediately to three investments that make the agency more nimble and effective. One is improved equipment, two, specialized personnel to revamp the agencys technol