Why put off until tomorrow what you can do today? With respect to reducing the unjustified costs of its testing rule, the Commission has followed the notion of why correct today the problems you have made when you can put them off until tomorrow . . . or maybe until never.
We all know the history: in 2011, Congress told the agency to look for ways to reduce testing costs and if it needed new authorities to do that, then ask for those authorities. Since 2011, the agency has asked the public repeatedly for comments on how to carry out that mandate. In spite of good suggestions from the public and from the staff, the Commission has taken no real action to implement any of those suggestions for well over two years. In the meantime, product sellers are having to pay for tests that do not necessarily enhance safety but cost consumers in terms of higher prices and fewer choices.
I have written about this over and over again until I sound like a broken record. Indeed, perhaps the CPSC theme song should be “Maybe Tomorrow” by the Jackson Five. How about Amy Winehouse’s “Procrastination”? Or is it better to stick with an old standard such as Sinatra’s “Call Me Irresponsible”?
Given all this, I was surprised and pleased to hear all four Commissioners at yesterday’s briefing on the agency’s FY’14 Operating Plan say how much they each supported moving ahead with efforts to reduce testing burdens. The two new Commissioners are dealing with this issue for the first time, and so their reaction that this is an issue overdue for attention makes perfect sense. But it was startling to hear Chairman Tenenbaum and Commissioner Adler join that particular chorus since they have been less than positive about moving this issue forward.
Why this change of tune? Perhaps the need to respond to inquiries from the Congress about the agency’s inaction has triggered this sudden interest. And perhaps hard questions from new Commissioners has jolted them out of their somnolence on this issue. At the briefing, there seemed to be some acknowledgement that products made from manufactured woods were real candidates for relief. It would be a pity if the agency stopped there. As Commissioner Buerkle pointed out, there are plenty of other areas where relief seems to be warranted.
And hard questions need to be asked about why this is taking so long. Comments were submitted months (years) ago and there has been plenty of time to read, analyze, come to some conclusions, and initiate some real actions by the agency—if only the Commission gave the signal to do so. Unfortunately, for example when I, as a Commissioner, tried to include some action to bring this to conclusion in the FY’14 budget, my effort was summarily rejected by both Chairman Tenenbaum and Commissioner Adler. So it was especially gratifying that both now appear to have joined their colleagues in singing about the need for some relief.
To continue the musical theme, the agency now has some New Kids on the Block. I hope we will hear their hit song, “No More Games” start being played at the CPSC.