Today, the U.S. Consumer Product Safety Commission published a draft notice of additional requirements for parties presenting oral testimony, requesting rulemaking before the Commission, or participating in an adjudicative proceeding. While I voted to publish the draft notice, I note specific concerns with this rulemaking on which I seek additional comment, including whether these requirements might have a chilling effect on participation in Commission business or otherwise infringe on First Amendment protections. Additionally, if the Commission is considering broadening its interest disclosure requirements, should it require disclosure of other interests? For example, whether a party owns a patent or other intellectual property that could create a direct or indirect financial benefit related to business before the Commission.

The proposal would require disclosure of whether: (1) any person other than the submitter authored, in whole or in part, an oral presentation, adjudicative testimony, or petition for rulemaking submitted to the Commission; (2) any person other than the submitter made or has agreed to make a monetary contribution to fund the oral presentation, adjudicative testimony, or petition for rulemaking; and (3) the submitter of a request to provide oral testimony before the Commission has an existing business relationship by which the submitter expects to receive direct or indirect financial benefit in connection with the oral presentation or the Commission activity that is the subject of the oral presentation.

Interested parties may submit comments on the proposal here.