Alleged Consumer Products Safety Commission Lobbying

The Staff Counsel of a House Subcommittee requested GAO to investigate an incident of possible lobbying by Consumer Products Safety Commission (CPSC) officials. CPSC officials contacted an electrical products manufacturer several times about the pending hearing on its reauthorization act and suggested that the manufacturer might want to appear during the hearing to testify about its liability concerns.

GAO found that it did not believe the CPSC communications with the manufacturer constituted grass roots lobbying in that such communications was not designed to exhort members of the public to contact a Member of Congress regarding support or opposition to legislation. Rather the communications was merely designed to inform a regulated company with a product liability problem that a hearing on legislation was scheduled where the company could acquaint the appropriate House Committee with its needs for additional legislation. GAO believed it was within the statutory authority of a regulatory agency to advise a regulated company that a remedy it seeks can only be obtained through legislation and that such legislative remedy may be initiated by a particular Congressional Committee. Accordingly, GAO held that CPSC's communications with the manufacturer regarding the hearing were appropriate and did not constitute grass roots lobbying under the Department of Justice interpretation of 18 U.S.C. 1913.