General government: Consumer Product Safety Oversight (2015-04)
More formal and comprehensive coordination among federal agencies is needed to help increase efficiency and effectiveness related to consumer product safety oversight and address challenges related to fragmentation and overlap.
Year Identified: 2015
Area Number: 4
Area Type: Fragmentation, Overlap & Duplication
3 Total Action(s)
Congress should consider transferring the oversight of the markings of toy and imitation firearms in section 5001 of title 15 of the U.S. Code from the Department of Commerce's National Institute of Standards and Technology (NIST) to the Consumer Product Safety Commission (CPSC).
Congress should consider transferring the oversight of the markings of toy and imitation firearms in section 5001 of title 15 of the U.S. Code from the Department of Commerce's National Institute of Standards and Technology (NIST) to the Consumer Product Safety Commission (CPSC).
As of March 2022, the America COMPETES Act of 2022, H.R. 4521, passed the House on February 4, 2022 containing a provision that would transfer all authority to regulate the markings of toy, look-alike, and imitation firearms in 15 U.S.C. § 5004 from NIST to CPSC, as GAO suggested in November 2014. A similar bill the National Institute of Standards and Technology for the Future Act of 2021, H.R. 4609, which was introduced on July 21, 2021,,was adopted by voice vote in the House Science, Space, and Technology Committee on July 27, 2021.
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. Different types of formal mechanisms could include, for example, creating a memorandum of understanding to formalize relationships and agreements or establishing a task force or interagency work group. As a starting point, Congress may wish to obtain agency input on options for establishing more formal coordination.
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. Different types of formal mechanisms could include, for example, creating a memorandum of understanding to formalize relationships and agreements or establishing a task force or interagency work group. As a starting point, Congress may wish to obtain agency input on options for establishing more formal coordination.
As of March 2022, no legislation was identified that would establish a collaborative mechanism to facilitate communication across the relevant agencies and to help enable them to collectively address crosscutting issues, as GAO suggested in November 2014. Some of the agencies with direct regulatory oversight responsibilities for consumer product safety reported that they continue to collaborate to address specific consumer product safety topics. However, without a formal comprehensive oversight mechanism, the agencies risk missing opportunities to better address challenges, including those related to fragmentation and overlap.
The U.S. Coast Guard and Consumer Product Safety Commission should establish a formal approach to coordination (such as a memorandum of understanding) to facilitate information sharing and better leveraging of resources.
The U.S. Coast Guard and Consumer Product Safety Commission should establish a formal approach to coordination (such as a memorandum of understanding) to facilitate information sharing and better leveraging of resources.
In May 2015, the U.S. Coast Guard and the Consumer Product Safety Commission signed a formal policy document to govern their coordination, as GAO recommended in November 2014. This policy document outlined procedures for determining jurisdictional authority for recreational boat-associated equipment and marine safety items. According to the policy document, each agency, upon receiving notice of a possible defect in an item of recreational boat-associated equipment or a marine safety item, shall determine whether the item properly falls within the jurisdiction of that agency. If the receiving agency determines that the agency does not, or may not, have proper oversight authority over the item, the agency shall contact the responsible office of the other agency to initiate discussions to determine the appropriate jurisdiction and the best course of action to take regarding the possibly defective item. Establishing a formal approach to coordination should help to facilitate information sharing and the leveraging of resources among the agencies to help ensure that recreational boat-associated equipment and marine safety items are fully regulated.
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