Eight Agencies Have Direct Oversight Responsibility for Consumer Product Safety

Eight agencies reported that they have direct oversight responsibilities for  consumer product safety: the Coast Guard; CPSC; Department of  Housing and Urban Development (HUD); EPA; FDA; NHTSA; Nuclear  Regulatory Commission (NRC); and Pipeline and Hazardous Materials  Safety Administration (PHMSA). These eight agencies conduct a range of regulatory activities related to  consumer product safety, including rulemaking, standard setting,  enforcement, risk assessment, and product recalls. Regulatory jurisdiction for some products changes depending on where or  how the product is used, which can result in overlapping oversight, as in  the following examples. Current Structure Helps Provide More Comprehensive Oversight but Also Creates Some Inefficiencies

Agency officials, as well as a consumer group and industry expert, told us  that the involvement of multiple agencies with various areas of expertise  can help ensure more comprehensive oversight of a product. For example, NHTSA noted that they share  complaint and injury data associated with the use of hand-held infant  carriers in motor vehicles with CPSC during joint investigations to inform  CPSC’s oversight of these products when used outside of motor vehicles. NIST’s Role as Regulator for the Markings of Toy and Imitation Firearms May Be an Inefficient Use of Resources

The National Institute of Standards and Technology (NIST) currently  regulates the markings of toy and imitation firearms to distinguish them  from real firearms. Jurisdiction for the Regulation of Some Recreational Boating Equipment May Be Unclear

Oversight of products that can be used on recreational boats is  fragmented between the Coast Guard and CPSC, and the jurisdiction for  some products can be unclear. As a result, we found that the potential  exists for confusion regarding which agency has responsibility for  addressing product safety hazards. According to Coast Guard officials, the  agencies ultimately determined that CPSC had jurisdiction in this case. However, no coordinating mechanism exists to address  federal consumer product safety efforts comprehensively. As a result, there is no single  entity or mechanism to help the agencies that collectively oversee  consumer product safety address the challenges raised in this report,  such as staying informed of the regulatory activities of other agencies,  jurisdictional issues related to multiple agencies overseeing the same  product, or data sharing issues. In addition, agencies may be missing  opportunities to better leverage resources and address challenges,  including those related to fragmentation and overlap identified in this  report. § 5001) is inefficient because such a role may not  leverage the agency’s primary mission and expertise in the area of  scientific measurement. Transferring this authority to another agency  would require a statutory change. In addition, while agencies reported collaborating using a variety of  mechanisms to address specific topics, we did not identify a mechanism  to facilitate more comprehensive collaboration. Additionally,  independent agencies such as CPSC are not subject to the executive  branch planning and review process under OMB. To improve existing coordination of oversight for consumer product  safety, Congress should consider establishing a formal  comprehensive oversight mechanism for consumer product safety  agencies to address crosscutting issues as well as inefficiencies  related to fragmentation and overlap such as communication and  coordination challenges and jurisdictional questions between  agencies. CPSC, the Department of Homeland Security (DHS), and NIST  agreed with GAO’s matters and recommendation; other agencies neither  agreed nor disagreed. Appendix I: Objectives, Scope, and Methodology

The objectives of this review were to examine (1) which federal agencies  oversee consumer product safety and their roles and responsibilities; (2)  the extent and effects of fragmentation, overlap, or duplication, if any, in  the oversight of consumer products; and (3) how consumer product safety  oversight agencies coordinate their activities and to what extent does that  address any identified negative effects of fragmentation, overlap, or  duplication. Inventory of Agencies That Conduct Consumer Product Safety Oversight Activities

To initially identify agencies that conduct consumer product safety  oversight and to delineate their roles and responsibilities, we reviewed the  following sources: (1) laws and regulations related to consumer product  safety, as well as Federal Register notices for proposed and final  rulemaking from August 2008 to October 2013; (2) the Consumer Product  Safety Commission’s (CPSC) web link to other federal agencies with  jurisdiction over consumer products; (3) our past reports; and (4) agency  members of CPSC-identified interagency working groups. These agencies support product safety in areas such as  public health expertise, law enforcement, and workplace safety. GAO-12-1022.
Why GAO Did This Study

The oversight of consumer product safety is a complex system involving many federal agencies. As part of a mandate that requires GAO to identify federal programs, agencies, offices, and initiatives with duplicative goals or activities, GAO reviewed federal oversight of consumer product safety.
This review examines (1) which federal agencies oversee consumer product safety and their roles and responsibilities; (2) the extent and effects of any fragmentation or overlap in the oversight of consumer products; and (3) collaboration among agencies to address any negative effects of fragmentation or overlap.
To assess the involvement of multiple agencies in the oversight of consumer product safety, GAO conducted a multiagency survey and reviewed laws and regulations, and past GAO work. GAO also interviewed federal agency officials and consumer and industry groups.

What GAO Found

GAO identified eight agencies that have direct oversight responsibilities for consumer product safety: the Consumer Product Safety Commission (CPSC), Department of Housing and Urban Development, Environmental Protection Agency, Food and Drug Administration, National Highway Traffic Safety Administration (NHTSA), Nuclear Regulatory Commission, Pipeline and Hazardous Materials Safety Administration, and the U.S. Coast Guard (within the Department of Homeland Security). All eight agencies conduct regulatory activities to promote consumer product safety, such as rulemaking, standard setting, risk assessment, enforcement, and product recalls. In addition, at least 12 other agencies play a support role in consumer product safety in various areas, such as public health and law enforcement.
Oversight of consumer product safety is fragmented across agencies, and jurisdiction overlaps or is unclear for certain products. In some cases, agencies regulate different components of or carry out different regulatory activities for the same product, or jurisdiction for a product can change depending on where or how it is used. For example, NHTSA regulates hand-held infant carriers when used as car seats, but CPSC regulates the carriers when used outside of motor vehicles. Agencies reported that the involvement of multiple agencies with various expertise can help ensure more comprehensive oversight by addressing a range of safety concerns. However, agencies also noted some inefficiencies, including the challenges of sharing information across agencies and challenges related to jurisdiction. For example, GAO found that the jurisdiction for some recreational boating products can be unclear and the potential exists for confusion regarding agency responsibility for addressing product safety hazards. Coast Guard officials said they work informally with CPSC when the need arises but that these interactions are infrequent. Without a more formal coordination mechanism to address jurisdictional uncertainties some potential safety hazards may go unregulated. In addition, the Department of Commerce's National Institute of Standards and Technology (NIST) oversees the markings of toy and imitation firearms to distinguish them from real firearms, which may be an inefficient use of resources because it does not leverage NIST's primary expertise related to scientific measurement. According to NIST, this function may be better administered by CPSC, which oversees the safety and performance of toys. However, this would require a statutory change.
Agencies reported that they collaborate to address specific consumer product safety topics, but GAO did not identify a formal mechanism for addressing such issues more comprehensively. Independent agencies, such as CPSC, are not subject to the Office of Management and Budget's planning and review process for executive agencies. Additionally, no single entity or mechanism exists to help the agencies that collectively oversee consumer product safety. GAO has identified issues for agencies to consider in collaborating, such as clarifying roles and including all relevant participants. Because no mechanism exists to help agencies collectively address crosscutting issues, agencies may miss opportunities to leverage resources and address challenges, including those related to fragmentation and overlap identified in this report.

What GAO Recommends

Congress should consider (1) transferring oversight of the markings of toy, look-alike, and imitation firearms from NIST to CPSC, and (2) establishing a formal collaboration mechanism to address comprehensive oversight and inefficiencies related to fragmentation and overlap. Also, GAO recommends that the Coast Guard and CPSC establish a formal coordination mechanism. CPSC, the Department of Homeland Security, and NIST agreed with GAO's matters and recommendation; other agencies neither agreed nor disagreed.