Consumer Product Safety chiefs criticized

Industry pays for 30 trips since '02

WASHINGTON -- The chief of the Consumer Product Safety Commission and her predecessor have taken dozens of trips at the expense of the toy, appliance and children's furniture industries and others they regulate. Some of the trips were sponsored by lobbying groups and lawyers representing the makers of products linked to consumer hazards.

Internal records reveal nearly 30 trips since 2002 by the agency's acting chairman, Nancy Nord, and the previous chairman, Hal Stratton, that were paid for in full or in part by trade associations or manufacturers of products ranging from space heaters to disinfectants. The airfares, hotels and meals totaled nearly $60,000, and the destinations included China, Spain, San Francisco, New Orleans and a golf resort on Hilton Head Island, S.C.

Notable among the trips -- commonly described by officials as "gift travel" -- was an 11-day visit to China and Hong Kong in 2004 by Stratton, then chairman. The $11,000 trip was paid for by the American Fireworks Standards Laboratory, an industry group based in an office suite in Bethesda, Md., whose only laboratories are in Asia.

The agency says that at the time, the group had no pending regulatory requests. But since then the fireworks group has urged the commission to adopt its safety standards, an idea that is still pending, according to an organization newsletter.

Criticism escalates

Consumer groups and lawmakers intensified their criticism of the CPSC this summer after several highly publicized recalls of Chinese-made toys that contained hazardous levels of lead. Critics have long charged that the agency has become too close to regulated industries, opting for "voluntary" standards and repeatedly choosing not to take legal action against businesses that refuse to recall dangerous products.

Government-wide travel regulations state that officials from agencies such as the CPSC should not accept money for travel from nonfederal sources if the payments "would cause a reasonable person ... to question the integrity of agency programs or operations."

But CPSC officials defend the industry-paid trips as a way for the agency to be in contact with manufacturing officials and hear their concerns despite a limited travel budget. Commission spokeswoman Julie Vallese said the agency's counsel and its ethics officers conducted "a full conflict-of-interest analysis" of the trips and stand behind their decisions.

"The mission of the agency and the benefits to consumer safety are two factors that are taken into consideration in approving gift travel," she said. Reports of the trips are submitted to the Office of Government Ethics, she added.

Several ethics experts and lawyers say the two administrators' travel records, some of which they reviewed at the request of The Post, suggest a conflict of interest.

"This is a blatant violation of the ethics code," said Craig Holman, an expert on governmental ethics law for the nonprofit consumer advocacy group Public Citizen. The rules allow nonfederal sources to pay for trips, "but not if you're a private party with business pending before the agency," he said.

Gift travel increases

The agency's travel patterns during the Bush administration, detailed in internal agency documents, differ from those of the Clinton era. Ann Brown, who served as chairman from 1994 to 2001, traveled only at the expense of the agency or of media organizations that sponsored appearances where she announced product recalls, according to the documents.

The records show that Nord and Stratton repeatedly accepted gift travel for events from industries subject to CPSC enforcement. In February 2006, the Toy Industry Association provided Nord with rail fare, two nights in a hotel, meals -- and even $51 to pay her Union Station parking bill -- to attend the American International Toy Fair in New York, one of the industry's biggest product exhibitions.

Vallese, the CPSC spokeswoman, said Nord gave two speeches at the meeting, toured "new toy exhibits," watched "product demonstrations" and participated in "product safety discussions."

Lawyers foot bill

The records also detail several trips that were paid for by lawyers who represent manufacturers in product liability lawsuits.

In February, for example, Nord accepted $2,000 in travel and accommodations from the Defense Research Institute to attend its meeting in New Orleans on "product litigation trends," according to her report. The institute is made up of 20,000 corporate defense lawyers. In 2004, Stratton attended the group's meeting in Barcelona, at a cost to the group of $915 for his hotel room.

"They are the biggest government agency that would have impact on the stuff that we do," said Steve Coronado, a former chairman of the group's product liability committee, which has 3,000 members. "They've been very cordial and accommodating and gracious," he said of the agency's past three chiefs.

Coronado said that Nord was the group's main presenter in New Orleans and that she briefed 1,000 lawyers about "what their processes and procedures are, rules and regulations changes." He added: "I don't think it was a very politically oriented presentation."

Nord was a corporate lawyer at Eastman Kodak before her appointment. Stratton led Lawyers for Bush in his home state of New Mexico during the president's 2000 campaign and co-founded the Rio Grande Foundation, which advocates limited government and supports free-market economic principles.