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41 Admin. L. Rev. 61 (1989)
From Model Agency to Basket Case - Can the Consumer Product Safety Commission Be Redeemed

handle is hein.journals/admin41 and id is 71 raw text is: 61 FROM MODEL AGENCY TO BASKET CASE- CAN THE CONSUMER PRODUCT SAFETY COMMISSION BE REDEEMED? Robert S. Adler* he Consumer Product Safety Commission (CPSC) is the newest' and smallest2 of the federal health and safety regulatory *Associate Professor of' Legal Studies, Graduate School of Business Administration, University of North Carolina. A.B. University of' Pennsylvania; J.D. University of Michigan. The author served as an attorney-advisor to two commissioners on the Consumer Product Safety Commission from 1973-84, and as Counsel to the Subcom- mittee on Health and the Environment of the House Energy and Commerce Commit- tee from 1985-87. This article xpands upon a chapter written by the author for a report by the Democracy Project entitled Blueprints for America: Transition '89. The views expressed herein are solely those of the author. 'Established in 1972 by the Consumer Product Safety Act (CPSA), Pub. L. No. 92-573, 86 Stat. 1207 (codified as amended at 15 U.S.C. §§ 2051-83 (1982 & Supp. IV 1986)), the CPSC was the first independent commission since the clays of the New Deal created for the purpose of imposing federal regulation on an established area of commercial activity. Scalia & Goodman. Procedural Aspects of'the Consumer Product Safe(lv Act, 20 U.C.L.A. L. REv. 899, (1973). 'For Fiscal Year 1989, the CPSC requested a budget of $32.9 million and 532 staff. Current Report, 16 Prod. Safety & Liab. Rep. (BNA) 203 (February 26, 1988). This is roughly half the budget of the Federal Trade Commission, the next smallest federal regulatory agency. See Consumer Product Safety Commission Reauthorization: Hearings Before the Subcomm. on Health and the Environment of the House Comm. on Energy and Commerce, 99th Cong., 1st Sess. 83 (1985) [hereinafter 1985 House Reauthorization Hearingsl (printed in Health and the Environment Miscellaneous (Part 1): Hearings BeJore the Subcommittee on Health and the Environment of the House Committee on Energy and Commerce, 99th Cong., 1st Sess. 1-271 (1986)). In 1985, the Subcommittee on Health and the Environment of the House Energy and Commerce Committee listed relative budget sizes for the major federal health and safety agencies: Agency FY 1986 Budget Environmental Protection Agency $2,268 million Occupational Safety and Health Administration 213 million Food and Drug Administration 409 million Federal Trade Commission 64 million

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