Transcripts For CSPAN2 Tonight From Washington 20100210

! me! ut. i toit. i tothe efor outh. co ale refot call yoa beng mx! theionsme! tahim,. i d, ieir foulwhen boun te'thrne, e. ce galex coac gol. gol. it't cth pper knowold mus. you!of te! exc... what grndwithan ♪ yout habe so nice ♪ >> you won't find many times ever that boston college gives up 50 points in a half. >> mike, of course, he will find something but it wasn't much. wake forest started off this game just pounding the ball inside and then since they did that so successfully they decided they would shoot some threes. interestingly enough they made five three-point baskets in the first half and each three- pointer was made by a different guy so five threes. five different guys making the threes and the wake forest team just pulled away at the end of ha et's take ats. n seke ac ooting ghts, da >>e, you t 37% it ard to find fault with your offense but they di insin part that9 tse p is really an amazing number. >> we are ready to go with the second half. can wake continue to roll? what will bc do to get back into this game? second half coming up in a ♪ ♪ ♪ ♪ are lace wher expectant moms are especially encouraged to get both the h1n1 and seasonal flu vacc theran a fight the flu. >> wake forest averages just under 75 points a game. they have got 50 here as we get set to start the second half. let's take a look at our united states marine corps leaders of the game. tyler roche 17 points. but dan, he did not have a field goal in the last nine minutes of the first half. wake put some d on him. >> they sure did. that's why boston college struggled offensively. nobody but tyler roche has had a good game offensively. they only missed nine shots. eight field goals and within free throw. normally you would look at the three offensive rebounds and say they should have more. >> i'm not sure what the field goal record for a game is but i tell you this wake is going to be close to it if they keep this up. there is roche. we were just talking about no field goals in nine minutes and he hits one there to start the second half. that's awfully big. >> they have got to get some offense from somewhere. smith does that so well. throwing the lob up. usually throwing it up for l.d. williams. and that was al-faroug aminu. >> sanders on the drive. >> dino guadio a little upset. thought sanders pushed off the arm. >> chas mcfarland had a pretty good first half. he gets off to a good start in the second. >> obviously just low down in there. >> josh southern picks up his first foul. >> chas mcfarland did a really good job. >> chas mcfarland now 11 points. and he has missed his last two free throws. >> roche. i think al skinner no doubt about it giveling roche the green light getting started. and he joins us late. the leading scorer for boston college joe trapani not available. he is at home sick. >> mike, boston college's problem has not been on the offensive end it's been on the defensive end. they simply have not been able to stop wake forest. >> look at raji the rebound. >> smith just kicked that one. lost it off his knee. and another opportunity for the eagles. paris. >> boston college just forcing it early. quick shots. you don't need that. you've got plenty of time. >> and l.d. williams on the receiving end. you talked about it, dan, most of the times it has been l.d. williams off those type of passes. look at smith. a steal. >> oh, my goodness. smith. what a dunk. what a dunk. >> he wound up for that one, mike. >> that will make some highlight reels. >> southern. chas mcfarland on his back. chas mcfarland called for a second. watch this. >> watch. quick hands. then picks up the ball and recognizes that he has got the opportunity here. maybe he has to dunk that one because corey raji is chasing him behind. i thought maybe he left his feet a little too early, mike, and pulled the ball back a little too far. shows you how much i know. >> that was kind of dr. j like. float through the lane with a dunk. >> mike, it was interesting. we said before the game that wake forest wanted to employ a pounding pace. pound the ball inside and get the game going up and down. you saw in our halftime stats they had 32 points inside the lane. they have now got 19 points in transition so wake doing exactly what they have to do in this ballgame. >> southern makes one of two but boston college is 5 for 11 from the free-throw line. a little bit of transition points. 10 more by the d. >> transition baskets are usually easier baskets. hard to play defense in transition much that's what boston college really needs to do here. they need to dig in and get some stops. keep in mind they were down 17 after miami and they came back and won that one. they are capen of coming back but they have to start it on the defensive end. they have got to get some stops. >> the leader in that comeback in that win over miami was reggie jackson. he is not in the game now but will be shortly i'm sure. >> he usually comes in after the first television time-out. >> raji. >> they just have not finished inside. >> there is boston college foul right there. i think for sanders. >> it is his second. >> sanders the junior from rhode island. >> obviously mike, when the depth stops you have to try to minimize your empty possessions. >> harris pass a little low for l.d. williams. al-faroug aminu. that battle for position. getting awfully physical down in the paint. >> southern. >> yes, southern picked up his second. >> chas mcfarland known as a very physical player. >> southern trying to go toe- to-toe with them here. >> a nice pass again by smith. >> l.d. williams. ishmael smith has come out of this second half really leading this team. southern picked up his third and l.d. williams goes to the free throw line. >> smith had eight assists in the first half. didn't score effectively. only had four points but he had been doing a good job finding guys close to the basket. >> friendly rim for l.d. williams. this now the largest lead in the game. southern heads to the bench. >> a good look at the basket. they have been really quick with their shots in the second half and they try to force a couple of things inside. that hasn't worked the entire game. >> locking down on tyler roche. >> that was a tough shot but it is one they needed. >> for sanders his first three pointer of the night. >> nice pass by chas mcfarland. good ball movement by the d. chas mcfarland. got the rebound. >> in perfect position to score. >> sanders that time had it blocked by aminu. the lob. >> l.d. williams. and al skinner is going to call time-out. >> aminu. williams. smith. >> they have led the wake f omedtrok >> been a great start in the second half for wake forest. here is wendy's fast break of the game. >> ishmael smith gets the steal then can you say high flying dunk? that's what we have right here. he has had an amazing game, mike, for a game in which he just has not scored. that's what, six points they scored in the game? >> and 9 assists. >> 6 points, 9 assists. even without scoring a lot of points he has really orchestrated what happened out here for wake forest. >> wake forest 6 of 10 to start the second half. below their 70% in the first half. here is roche. catch, shoot and hit. >> that has been the offense today when rotche has been able to score baskets, boston college has been able to put points on the board. >> 22 points now for tyler roche. almost half of the points for boston college getting very little support. but again, this is the end of the cord where boston college has to make its move. >> some of the baskets have come awfully easy for wake forest in this game as evidenced by their 70% shooting. smith will step back. aminu to follow. what a great offensive rebound by al-faroug aminu. >> blocked him out, mike. that was actually a really good defensive stand by boston college. they finally forced wake into a tough shot but nobody blocked out aminu. if will is one guy on the court you should block out it is al- faroug aminu. >> best rebounder. here is sanders. aminu is on him. a nice drive to the bucket by sanders. iraqal-faroug aminu averaging a double-double for wake forest and it is tough thim th kim ers. d now, all premium members get a free résumé critique. úúúúúúúúúúúúúúúú earn more at supportyourvet.org. >> wake up 13 here. let's take a look. tyler roche has been money. >> he has had the ball in the net pretty frequently tonight. >> 22 points on the night for tyler roche. as i mentioned before i almost jumped when you said in the first half he will maybe get his career high of 30 which he got in the first game of the season against dartmouth. >> wake forest has played very well. this is only a 13-point game. boston college is still in the game. >> very much so. >> chas mcfarland with the ball. >> and a foul. they try to get it inside to aminu. >> tyler roche down in the low post area. al-faroug aminu. if you're going to do that you've got to put more pressure on the ball so chas mcfarland doesn't have all day to find him inside. >> two fouls now on tyler roche. here is chas mcfarland. chas mcfarland fouled. chaste far seeing some extended minutes. if you weren't with us in the first half tony woods whistled for a flagrant foul and was ejected from the game. rakim sanders just picked up his third. going back to the foul line now. >> i think, mike, that you have to be smart on the defensive end of the court. here is chas mcfarland. he is very good right around the basket but he was rising up to shoot a turn around jump shot and i think if you're boston college you just block him out and hope that he misses that shot because that was a tough shot. and instead foul him. rakim sanders has to go out of the game. >> david weaver who made a couple of big shots in the first half in to replace chaste far. reggie jackson is back on the court now for boston college. >> it really helped the eagles cause if reggie jackson could -- >> talk about that game in miami when they were down 17 and brought him back. look at the points in the paint. my goodness. >> have been absolutely dominant on the inside. boston college has had no answer. >> they are plus 10 in the rebounding column. 27-17. >> it is not surprising because they have hardly missed any shots and there aren't that many rebounds out there for boston college to get. >> here is elmore. back in the game for bc. cortney dunn. and you know they have wanted to give roche a good look. good defense. aminu has got it. >> got his own rebound. al-faroug aminu having a great game. >> mike, of all the guys running down the cord in that he was the only one that could get stopped and go after the basketball even though he was the shooter. >> 17 points now for al-faroug aminu. 17 for 12. or rather 8 for 12 from the field. inside it is dunn. weaver got a piece of that. >> dunn just took too long. he was wide open. >> you can never, never underestimate the speed of ish smith. >> talk a lot about the skills al-faroug aminu possesses here. handling the ball in transition and shoots the ball and immediately gets back in the play. lots of guys, mike, would have shot that ball and run out underneath the basket figuring they had done their job but he thought it was awful so he got himself stopped and went back and got the basketball. he is having quite a game. >> got eight rebounds to go along with those 17 points. >> and he has played a very offensive team. >> jackson. aminu showing some unbelievable athleticism. >> coming from the weak side. >> raji all alone on the inside. >> that was goaltending because the ball was above the basket and it hit the rim. excuse me, hit the backboard. if the ball hits the backboard and it is above the rim you cannot touch it. that's a new rule in college basketball in the last years. >> this ball may have still been on its way up and it hits the backboard right there and it is above the rim and aminu pins it against the board. >> did you see that big smile on ish smith's face. always playing with a smile. one of the things i love about him. looking like he loved being out on the court. >> if you're a wake forest deacon it has been pretty easy to smile tonight. >> he was 50 to 39 at halftime. >> boston college really needs 0 get a little run here to tighten this thing up going down the stretch. clark will pick up the foul right there. >> picks up a personal foul. we have got a time-out. 11:53 to go. wake forest looking awfully good. an ] hae ca. man the ♪ [ ma lf torie f all hamm ] gonnt liutte f and like. ♪ f floa a bly. stke a nnat l buty d sike ♪ inga... 7 ting a [ wohalfalor the wom] i kat's. >> that young deacon fan happy with the deacon lead over boston college. three-point play. he is not a guy that you would guess would be a consistent shooter from out beyond the three-point arc but they will take it. he shoots under 30% from out there. but he has really had a good offensive game tonight. >> that was his only three in the game. one for two. 5 for 13 from behind the arc. >> reg jack has not scored here in the second half. >> good pass inside to raji. >> that time raji got the ball up on the board very quickly before chas mcfarland could get over there and contest the shot. >> smith so quick. >> how did he do that? >> from ari stewart. his second three pointer. >> he mishandled that ball, mike. i think he was trying to get ready to shoot it before he caught the ball and he bobbled it and actually moved sort of behind the backboard and was still able to knock down that three. >> smith going for the steal. >> over and back and reggie jackson as you see not happy with his team. >> ishmael smith drives into the lane. watch stewart fumble the ball. takes a step closer to the baseline. aero stuart drills it. >> giving ishmael smith another assist. that's 10 in the game now for smith. >> clark. here is stewart. hit a shot a moment ago. >> you don't expect him to drive to the basket because he only attempts one free throw per game on average. boston college cannot afford to do that. if they take that quick three and miss the shots that allows wake forest to get out and get going. >> clark open. that's usually trouble. >> if you let ishmael smith get in the lane you're not going to be able to beat wake forest. >> and clark, an excellent shooter. 25 now for tyler roche. >> boy, very, very positive development and this came for boston college. of course they won't get 25 a game from roche but if they can get some productive numbers from him that really helps them. >> stewart knocked it out. belonged to bc off the smith miss. >> as smith drives into the lane look at the guys from bc. there are four boston college players in your picture and when he pitches it out to gary clark there is nobody out there. >> inside evan ravenel. chas mcfarland will pick up his third foul. >> once again, wake forest does a great job contesting the inside play. >> if you get the ball inside you're not going to get anything easy against the deacons. evan ravenel is in pretty good position. uses his body very effectively. >> evan ravenel a sophomore from tampa, florida. first free throw of the night. >> stewart the rebound there. chas mcfarland had a rebound the moment ago. it was his 10th. he has now got a double-double. 13 points and 10 rebounds. fourth double-double of the year for chas mcfarland. >> and clark. putting the ball on the floor. clark has just been known as a spot up shooter for most of his career. >> they are showing a little more diversity to his offensive game drawing the foul. >> that's something a shooter really has to be able to do. that time dallas elmore just ran at him anticipating the throw. >> that is only his ninth free throw of the career. he is 6 for 9 on the year from the line. >> likes a guy that can shoot it like clark to be able to get to the free-throw line a little more. >> 10 points. that's his season high for clark. >> wake forest once again on the verge of blowing this thing wide open. >> jackson. >> roche another three. he has set a new career for three pointers. >> six in the game for tyler roche. >> really have to find him, don't you? >> i guess you do. >> three-point defense. >> he has got 28 points. two away from his career high. >> and evan ravenel will pick up the foul. he and chas mcfarland really going at one another. >> that's foul number 4 on evan ravenel. >> harris is back in. l.d. williams back in. aminu is back in. >> now aminu and l.d. williams are back because i think dino guadio got tired of tile roche with wide open shots. one of those two guys will be watching tyler roche a little bit more closely i would think. >> roche. 6 for 8 from behind the arc. >> and he has got it again. l.d. williams is on him. >> williams is going to pick up a foul. >> that's one way to do it. hang on to it. >> four fouls on l.d. williams. at the 8:27 mark. >> if you are going to grab him you would prefer to do it when the referees aren't -- >> stewart. back in. l.d. williams with those four fouls will head to the deacon bench. >> evan ravenel able to chase it down. chast far right there with him. >> i thought that ball might go out-of-bounds. didn't know if he could catch it. nice job. >> we talked about reggie jackson before the game. no impact on this ballgame at all. >> six points all in the first half. and there is raji whose offense has come alive here in this second half. >> and now we are going to get a warning given to boston college. evan ravenel took that ball and tossed it to the side. the neck time anybody goes fooling around with the basketball it will be a technical foul. >> corey raji has had a great game here. 13 points and 9 rebounds after that bucket. >> you said it. this game is not over. >> just keep looking up at the scoreboard and with the way it is gone you expect wake forest to be up by 32, not 12. >> wake has shot the ball well. they have done a lot of good things. boston college hanging in though. harris to chas mcfarland. and reggie jackson will be whistled for his first personal foul. the deacons still up 7:35 still to go in n, s allyyou or m carance host chaaniey a me ♪e mu chhat'you n. voo. 1tes save yoor m car ine. man: people as altimewho'mostta. voo. 1tes save yoor m car ine. er lke g.cave..hereat fenswe h doetart. tart theatio voo. 1tes save yoor m car ine. eed y wh er the rinve..hereat fenswe h dsomebody who brings it, tartevery game, every time. ♪ . 1tes save yoor m car ine. eed y wh er the rinve..hereat fenswe h histw dsomebody who brings it, tartevery game, every time. ♪ . 1tes save yoor m car ine. eed y wh er the rinve..hereat fenswe h ♪ >> 7:35 left. this game still not over. time for our motel 6 man of the game. gary clark. not missing a shot tonight. >> he has come off the bench, mike, knocking down a three- point basket then when you go out and defend the three shows the ability to get around another three pointer right there. he has been to the free-throw line a couple times. he has done very well for wake forest. >> three from the field. >> you know, mike, this is a guy that wake forest doesn't need him to produce 15 or 20 points a game but if he can come off the bench and give them eight or ten points a night that really helps the wake forest offense and makes them that much tougher. >> chas mcfarland to the free- throw line for wake forest. five for identity from the line as we mentioned. a double-double already. now 14 points and 10 rebounds. >> it is interesting about wake forest they have tremendous size. ishmael smith able to create a lot of situations for them and tonight they have made seven three point baskets and when wake forest will be able to hit from the outside they become much, much tougher. >> and we talked about boston college not a good three-point shooting team either. they are 9 for 18. 50%. >> and boston college throws it away. >> this thing about boston college they have cut it to 11, 12 in the second half but then they turn the ball over. they just can't get over the hump. >> their three-point shooting has kept them in the game but they cannot afford at this point in the game any more empty possessions like that one. the kick out to stewart. >> and a good rebound by roche. >> i don't think you will see ari stewart miss very many when he is that wide open. >> here is elmore. offensive foul called on dallas elmore. >> i think that's frustrated boston college. you don't oven see them frustrated on offense. they generally run their offense pretty well. but a lot of quick shots. a lot of guys trying to force the ball to the basket and i think that's because the wake forest has defended them so well. >> stewart off the chas mcfarland miss. >> and another rebound. >> stewart is not used to being that close to the basket. >> the look on c.j. harris' face. >> one of the things -- he has obviously learned it -- that you have to develop as a college basketball. third foul on c.j. harris. >> and corey raji at the free- throw line. >> raji the younger brother of b.j. raji former great football player at boston college thousand with the green bay packers. and you see his numbers. 14 points. nine rebounds to go along with that. >> and wake forest we talked about how well they were shooting the ball. missed their last five field goals. >> and boston college hasn't cut into the lead that far. 11 at halftime and still 11. >> reggie jackson may be springing to life a little bit here. >> dino guadio called time-out. i think they just called a technical foul on dino guadio. i thought the referees were signaling a time-out but they weren't. >> no, they weren't. >> he better be careful. he doesn't want a second one or he will join tony woods back in the locker room. this is an eight-point game. >> did roche take an extra free throw there? >> yes, he did. >> i did not really see what he was so upset about there, mike? >> i didn't either. >> a lot of contact in there with chas mcfarland shooting last time. >> 16-9. wake trying to stop it here. >> aminu on the drive. he is fouled. al-faroug aminu will go to the free-throw think omomomomomooooooooooo omomomomomooooooooooo in 1977, in johannesburg, uth , yearoy ed ugamelf hisr. by e oe wa alrutplhim. th of entl ng tior chamips e ag4? fn 16on. dds t sa akino th feurpro-tour fn 7 n. th of e "sy" g opepionnce and the u.s. chship? 780ion. e o rofel goavin a ciagnith ? 1 in erls eges tn ths ofm tism.org l day here. it't cth pper knowold mus. you!of te! exc... what grndwithan ♪ yout habe so nice ♪ >> eight-point game with 3:37 left. time for our geico play of the game. no doubt about it. smith's dunk absolutely phenomenal. >> he does a great job knocking the ball away controlling it. many see the defender coming. takes off. >> it just flew through the lane. >> ishmael smith. our marquee players tonight. al-faroug aminu. two rebounds from a double- double. how about 11 assists for smith. >> even though he hasn't scored well tonight ishmael smith has really been the key factor in making this offense run smoothly. four in the last couple of minutes. >> l.d. williams. senior from north carolina. very close to winston, salem. >> chas mcfarland got in the lane a little early. >> i agree with you. i think they called chas mcfarland. >> tyler roche. 29 points. >> boy, jackson just held the ball too well. >> nowhere to go with it. >> at this point in the game you just can't afford that kind of a possession. >> once again you see the wake forest defense doing a really nice job disrupting that boston college halfcourt offense. >> here is williams. harris through traffic and he fouls. c.j. harris the freshman doing a nice job taking in the traffic. and if it was on sanders. rakim sanders has just fouled out. >> and the outlook gets bleaker and bleaker for boston college. >> c.j. harris is really an interesting player, mike. he is the guy that sort of burst on the scene. you didn't hear much about him in the preseason but he has demonstrated that he is an outstanding three-point shooter but in addition to that he drives the ball to the lane. rakim sanders going to the bench now. >> this is what harris does so well. he gets to the free-throw line and makes free throws. and in that game against xaver they were in trouble and he made three free throws at the end of the first half that turned the game around i think. wake forest won in overtime. >> free throw percentage at 84 percent. >> had a couple of them here. >> two pointer and tough, tough shot. >> i have to be very aggressive on the defensive end if you're boston college. >> reggie jackson kept this game in single digits. >> harris again tried to draw the foul but good defense that time by number 30. >> you've got to get up one harris, you can't let him shoot a three. again as i said before he has got the ability to drive past you. and create scoring opportunities at the free-throw line. >> harris again. >> l.d. williams. there is 10 on the shot clock. >> what a pass. >> what a great pass. al-faroug aminu. we have seen it the entire game. and al-faroug aminu will go to the line. >> al-faroug aminu does a great job finding open spots when ish smith has the ball. ishish is able to get him the ball. >> aminu now a perfect 4 for 4 from the line. he has got 20 points. 21 points, rather. >> and again put the deacon lead back in double digits. >> trying to scream for roche to get him hope. nothing doing. >> l.d. williams doing a great job staying with tyler roche. >> weaver is going to be called for the foul. it is his third. >> and i go back to your point. you were talking about tyler roche. no matter what happens in this game. but if they can start getting some offense out of tyler roche, make this boston college team a little different when joe back. >> if you can get double figure scoring then suddenly that changes the equation to the eagles. but they have got 75 points tonight, mike. their problems have not been on the offensive end. their problems have been on the defensive end. they simply have not been able to stop wake forest. >> boston college on the year averaging 70 points a game. so they have already hit that. >> but in talking about boston college i'm not sure that there are many teams who could have done much with wake forest tonight. as well as wake forest started the game getting the ball inside then making some threes and then ish smith has been outstanding. he gets fouled right there. getting the ball in the lane and creating. >> dan, we are starting to see this now in a lot of wake game situations with wake forest. ish smith only 47% free throw shooter. so a lot of teams are starting to put him on the line. a lot late. which the percentage makes sense. >> there just doesn't seem to be any reason that ish smith is really not a free throw shooter. he was in the 70s in terms of his shooting percentage last year from the line. >> pretty good there. >> nothing wrong with that shot. >> look at the smile on his face. >> and keep in mind that he is shooting in the 40s right now but for the longest time this year he was down in the 30s so his free throw shooting is actually improving a little bit. >> of course wake forest would like it to improve it a lot because he is going to be handling the ball in late game situations and he needs the guy that is going to do that to make the free throws. >> oh, my. >> i like what dino guadio said. he said i know his percentages are low but late in a game when it is on the line i don't mind seeing ishmael smith there. he has made so many plus shots. he made three game winning shots already if you think about it. >> there is no question he is a shot maker, mike. big shot maker. >> 10-point game. >> under 2 minutes to go. >> hitting the deck hard. >> it will still belong to boston college. aminu has been a big factor on the inside tonight. has really bothered he primarily the boston college guys that have been trying to take it in. >> elmore. bc has gone cold. >> got to tip your hat to them, mike. they are still out there battling. it's been a very, very frustrating night for boston college. they are able to hang around but just not able to get over the hump. >> l.d. williams picks up his fifth foul. led wills fouls out with 14 points. >> how is this for efficiency with 6 of 7 from the field. two for three from the line. >> solid night for l.d. williams. >> clark comes back in. we said that name before, dan and i thought if clark can start giving this team added scoring as you said it is going to bode well for them. >> i don't think you can have enough three-point shooters, mike. >> >> and reggie jackson. to the line for bc. >> it has been a tough night for reggie jackson and i think given the makeup of this boston college team they are just not going to win very many games when reggie jackson has a tough night. >> they need somebody in to foul ish smith, mike. >> yes, exactly. >> 10-point game. 1:33 left. >> they want the ball in the hands of c.j. harris. he is the best free throw shooter. 84%. and an offensive foul. >> dino guadio wanted it all. c.j. harris picked up his fourth foul on the push out. >> good job by dallas elmore to move his feet and that arm comes out and right in front of the official you throw that arm out you're going to get the call. >> still time left for boston college. >> they are only down 9. >> tyler roche. boston college have a wide open three by reggie jackson to cut it to 6. he airballs it and then roche, that ball went all the way around before it came out. i guess it wasn't an airball, just tipped the front of the rim. it is in the basket and rolls right oh. >> david weaver has got four fouls. roche now has 30 points. that equals his career high that he had in the first game of the season against dartmouth and he will have a chance, if he hits this free throw, a new career high. he has tied his old one. >> what a game in acc play. for tyler roche. on the road. 31 points. >> you see smith taking the bought out-of-bounds. they will try to deny the inbounds pass there. now trying to foul him. great job by smith to get rid of it. >> harris is the guy they want with the ball. >> now they foul ish smith with 1:02 left. >> boston college reached the 10-foul plateau a long time ago. so it will be two shots for ish smith. >> dan, what's the key to being a good free throw shooter? >> i think you have to be pretty good mechanically but the key is you have to want to go to the line. anytime you have the ball out there, you have to, okay, foul me because i want to go to the line. you just have to have that -- it is just something inside a guy and even a guy as confident as ish smith, if there is any doubt in his mind at all then i think that makes it really tough to be a free throw shooter. >> two for three. make it three for four. those look pretty good. >> and dino guadio is going to call a time-out to talk about the way he wants his team to handle this final 1:02 left. >> while we have a moment let's take alike at our auto owners' defensive coverage. >> again, ish smith in the middle of it. he gets the steal. a couple of steals in the game and we saw that great dunk. this time he gets reggie jackson to slip and fall in the lane. that's a behind the back dribble. jackson falls. smith has room and he knocks it home. defense leading to offense for ish smith. >> wake has this lead with a minute left, dan, and they still have not hit a field goal since the 10:29 mark. and there is 1:02 left. >> wow. >> plenty of time-outs for both teams. >> that's right. ish smith is within four points of 1000. >> which he will certainly get. >> he made get it tonight. he is going to get more opportunities from the free- throw line i would suspect. >> we are under a minute to play. >> you don't have a lot of time to fool around now if you're boston college. this is a pretty good defensive match up for wake forest here. >> elmore. >> elmore gets the dunk there. just too many shots rimming out for boston college. >> the problem for the eagles on that possession, mike, was it took a lot of time. nice job by harris to get out and bother that shot. and then reggie jackson misses and elmore dunks it home. a lot of time expired before boston college took the ball towards the basket. >> seven-point game. 33.9 seconds left. as we have told you, no field goals since 10:29. so you give them a lot of credit for hanging on to this lead. able to put the ball in the basket. >> haven't really had a lot of opportunities, mike. they have spent an awful lot of time at the free-throw line and they did build up the big lead. >> wake forest 76% from the line in this game tonight. 19 of 25. >> chas mcfarland is standing down under the basket. now boston college sees it. >> a little smile on his face. >> harris fouled by paris. c.j. harris as we have documented the best free throw shooter on this wake forest team will go to the line. >> and even though they have made nine three-point field goal in the game tonight. that is not boston college's strength. they are not a great three- point shooting team and when you are trying to come back at the end of the game by fouling it really helps if you've got guys who can knock down those three-point shots. >> so you him there. he was among the acc's best. >> he just plays with a lot of poise and confidence for a freshman. >> both stewart and harris have made such a positive contribution as freshmen. >> they have been basically the three-point offense for wake forest. now gary clark can get a little bit going. as we said that gives wake forest another weapon in their arsenal. >> and that's a nice job by wake forest. jackson is going to end up scoring a lot of points in the game. he has got 17 now. but those are really meaningless points because two at a time isn't going to help you if you're boston college. so nice job by wake forest to defend the three and nice job by jackson to see chas mcfarland out there and take it to the basket. >> good job by chas mcfarland not to foul on that drive for the bucket and clark down to the free-throw line. >> he was two for two from the line tonight before that miss. >> under 20 seconds to go. >> don't have enough time to do it two at a time, mike. >> i think that might be his last time out. 11.9 seconds left. >> wake has put 91 points on the board. >> wake will be home right here on saturday. georgia tech. that should be a great game. will see their schedule remaining before we head to the acc tournament. >> you look at the schedule going to virginia tech is going to be a very, very difficult game on the docket for them and then they have north carolina at home and clemson at home at the end of the year. so the schedule sets up rather nicely for wake forest. >> some really difficult games at home. >> wake forest has played pretty well. >> boston college will stay on the road after this game. they will be traveling to tallahassee where they will have a valentine's day matchup with the seminoles this saturday and then have a little time off before playing north carolina. >> in bounds. elmore fouls with 9 seconds left. >> he is fouled out of the game. you've got to believe that wake forest pretty close to their seventh league win and 7-3 in the acc at this point in the season. pretty darn good. >> particularly in an acc that has been so topsy turvy, mike. one win behind duke in the loss column. maryland also with two losses. >> up to this point in time the ac ctv has been sort of a jumble but it is starting to take shape now. >> and wake forest is one of those teams that is starting to take shape at the top. >> absolutely. a team that nobody is talking about and played very well is virginia tech. >> another one of those teams with only three losses. >> the game is just getting bigger as we head through the month of february. >> aminu. that's his first miss from the free-throw line. he was 4 for 4. 21 points, 8 rebounds for al-faroug aminu. again, it is pretty incredible. they have done all this from the line. no field goals in over 10 minutes. >> they don't have enough time now. >> no, it is going to be a win for wake forest. their 17th of the season. >> 92-85 will be the final. wake will move to 7-3 in league play. boston college. 12-12. 3-7 in the acc. wakecc. once again our final score in winston, salem. 92-85. wake forest the winner. for dan bonner and our entire crew, mike hawgood saying so long from winston, salem. captions by: caption colorado, llc 800-775-7838 email: comments@captioncolorado.com f 're tchful ones. we like to kere p a eye t we we s suntouldto a lid ial no youour yout on ore l ofmone you so e to hundred and fiftars. find out more at suntrust.com/solid live solid. bank solid. suntrust. words." commissionner, your story begins december 6, 1948. born right in the foothills of north carolina. what was it like for you growing up? >> we, north wilkesboro is a great little town to grow up in. i had a terrific family, great supportive parents. three older brother, one four years older than me, one 12 years older than me, one 16 years older than me. i think i might have been a mistake, i'm not sure. i don't know if i was planned but i was glad to be there. you know, from a family standpoint, i was just really, really blessed because i had so much support around me. and such good role models, too, even after my father died. carl, my oldest brother, who is still living, still lives in north wilkesboro went to davidson and played golf at davidson. jim went to duke on a football scholarship, and he had a great career there, and going to see him play really influenced me. >> your older brother, ws fna onh >>vas actually his middle name. that was his stage name. this was in the late '60s and early '70s which was very pop. that's when i was playing football in chapel hill. but bill was a terrific person. unfortunately we lost him to lymphoma in 2000. and we did a bone marrow transplant in which i was his donor. and it looked like that would work for a while and it did for a while, but unfortunately, not long enough. i'll always carry him in my heart. >> our guest is johnny swofford. in the north carolina game, he connected with three touchdown passes. north carolina, 38-22 win. you've got quite a family. where is johnny sitting? johnny, stand up and take a bow, would you, please? >> was little brother john ever able to carry a tune? >> no, no. in fact, i trie bathroom and asked me to stop singing in the shower, that it was insulting to the music world. , and my brothers were so influential on the -- but outside of the family, coach hoffman. i think this is probably true with a lot of people that come through the sports world. a lot of guys have a high school coach that played an influence on them. a lot of influence on what i could accomplish and become. taught us as a team how to love each other, commit to each other and how to play and win as a unit. unit. he did a marvelous job of that. >> we've been nornt this league. there have only been three commissioners and all three of them have been of similar kind. would you be interested if the opportunity ever presented itself in being the acc sports commissioner? >> well, i don't know. that's a hypothetical. i'm so happy here at north carolina. if opportunity were there, it's something you would certainly have to think about. >> only the fourth acc commissioner. how did that process take place? >> well, i had been in the job in carolina for 17 years as the athletic director and really wasn't looking for anywhere to go. make that move. and then when gene corrigan decided to step down, i had several people in the league suggest to me that it would be a good thing to think about. elt like it was a natural next move. >> i'm delighted to introduce the next commissioner of the atlantic coast conference, john swofford. >> i know the conference really well. to me there's nothing better in college athletics than the athletic coast conference. so i felt it was a natural next step. the beauty of this is it give mess an opportunity to take a step professionally that i very much want to take and to do it in a conference that i have a great love for and respect for. the way i look at it is i'm just sort of expanding. >> expanding the acc from nine to 12 in 2003. bringing in virginia tech, boston college and of course, miami. what was process that went into the expansion? with. >> we took our time with it and we were absolutely convinced, at least the super majority of people in our league were absolutely convinced that the futu future would be very difficult for us as a conference as a nine-member conference. it worked out well from a marketing standpoint, from a cohesive standpoint. the new schools coming in with the nine that were there are here, it's been a seamless transition almost. they totally bought into the culture of the acc. >> 97 men and women's teams in the national championships per year. it's pretty darn good. >> it is. and that's a as a result of the coaches and the commitment they make to the schools. our league is a league of generally pretty broad-based programs. and we've g g gnationally competitive teams. what we try to have and i think what we do have in a lot of our sports is -- if you're good enough to win an acc championship, you're good enough to win the national championship. >> the bcs, how has that worked out, the bowl championship series in your mind? >> what the bcs has tried to do is pretty simplistic actually. match the number one and number two national championship game while maintaining the tradition in the bowls. it's been successful in doing that. ofletbin eexnf t me never been healthier. attendance has gone up, television ratings have gone up. interest level. i don't think there's any question that assistance has gone up on national basis. >> you've accomplished so much already, but what's left that john swofford would like to accompli accomplish? >> that's a good question. i think the definite answer to that is what's left is to continue to give the atlantic coast conference every ounce of my capabilities from a leadership standpoint and what's required of this job. if you love what you're doing, where you're doing it and the people you're doing it with, you don't think a lot about what mig beutrext awhi igo this country are safe for consumption. thank you again for your testimony. we are sorry for your loss. thank you for being here. >> thank you. >> thank you both for being here. thanks for your testimony in helping us understand the issue more. we are going to continue this hearing. you are welcome to stay if you would like we are discussing now. thanks again and thanks for working with us. >> thank you. the next panel of witnesses on the second panel, we have michael schweiker, executive dirk of the manufacturing association come forward. it is the policy of the subcommittee did all testimony under oath. please be advised you have the right under the rules of the house be advised by the council during your testimony. do you wish to be represented by counsel? >> nope. mr. plater, miss cowles? both indicated not the master to raise your hand and take the oath. do you swear or affirm the testimony to be the truth, the truth and a matter pending before the subcommittee? >> i do. >> let the record reflect both the witness answered in the affirmative. they are now under oath. we would ask for an opening statement of five minutes if you have a longer statement supporting documents we would be happy to make it part of the record. pull the microphone up and pushed the button. thank you. >> good morning. >> ranking member walden, let me thank the committee -- >> i don't think the mic is on. try again. >> that's much better. what we see through the house subcommittee on oversight investigations for holding this important hearing on a curb safety and giving the opportunity to principate. i have a much lengthier statement which i believe i've already submitted so i will read very briefly for a shorter statement for this purpose. kids in danger is a nonprofit organization based in chicago the decade to protecting children by and provincial friends product safety. as congresswoman schakowsky mentioned we were founded in 1990 after the parents -- by the parents of danny, killed in a portable crib at his child care location even though the home had been inspected days before the crash had been recalled five years earlier and had already killed four children, and yet there was no publicity, no one knew that it was recalled in that home. and our mission is to prevent this from happening to other children to promote the development of safe children's products, advocate for children and educate the public of these important issues. and i think it has been said the crowd dispersed and foremost a safety device. critics are the only true friends product that is made to leave a child unattended so as some as said you can get a few hours of sleep yourself. the concerns of this issue are not new. crib durham of the, strenuous testing, hardware failure, assembly problems raised and almost every one of the voluntary standards incidents i've attended since i joined that body in 2001. yet there has been until very recently little or no change to the standard for years. the mandatory standard has been stuck even further back in time to read any changes were made to the voluntary standards even the final safety message to the commissioner of banning corner posts does not appear in the current federal standard. the failure of the voluntary systems adequately protect children is what let congresswoman jan schakowsky to chris introduce the legislation that's not in the cp is like a calling for the mandatory standards and third-party testing back in 2001. had we done it then we may have a different outcome to the story here triet citizen the problem wasn't known. rather it is cpsc lacked the authority and in the factors lacked the will to strengthen the standards. now with a statutory requirement and the vehicle we will be seeing a strong standard. as has been mentioned since september, to the essence of an over 7 million chris sefton recalled by the cpsc. most were tested to a voluntary standard and certified by the juvenile product manufacturers association. many were recalled for hardware failure, a drop site failures, but some were recalled for clear violations of the mandatory standard. they were painted with lead paint or simply did not meet the required to mention. if the manufacturers are making claims that don't meet the standards that can be confirmed with a tape measure and lead tests what then how can we expect they can be safe in terms of designed to keep babies safe and attended? this current situation leads parents in a horrible position. we often get calls from parents asking for advice what to do, especially as they hear of these recalls. we can be of limited help. we can't say to look for the jpma label since all the recalled cribs were certified to that standard. we can say to stay away from the drop side christa there's also incident with magers support, hardware failure and crib slats. the only thing always want is for parents to get the idea that other places are safer for their babies and eckert. babies are safe in a secret and that is why this is urgent that we solve this problem now. let me briefly talk about consumer use of cribs. parents will it is a crib for more than one child. they will pass them on to their sister or their friends and sell them second hand. it doesn't mean it's a 20 year old could they are passing on. it could be a two or 3-year-old crib. we can assume someone spends, you know, up two at thousand dollars on a product they are not going to use it for two years and then throw it out. it is not consumer miss us when eckert is assembled, taken apart and reassembled more than once. in addition to military families, i was an air force brat myself to move frequently, other families living and many parents of the a price of their doctors start with the crib in their bedroom and then move to the child's bedroom later on. in these tough economic times, and in the midst of a growing green mind set, manufacturers should expect that this is what will happen to their products. they will be used for more than one child or even more than just two children in a row. if tikrit can't handle being reassembled, it shouldn't be sold. if the crib falls apart, losing screws or the little safety plugs or has a drop side that once did, parents are going to try to fix it. they are not engineers and they do not clearly understand the risk of that action. we need to give parents a crib that lasts, hardware that doesn't fall out and clear instructions on how to use that product. we are glad that the cpsc is finally moving to a strong mandatory standard in our written statement we have a lot of suggestions for that. but i would like to begin talking this assembly. far from seeing them as simply as a consumer use product problem i would assert that products decided such a way that parts can be assembled in more than one we including ways that lead to death is a design problem and not consumer misuse problem. as i said, have specific things, but i would also like to just mention the public consumer incident database that the cpsc is working on because i think that will also be very important for the safety. that we parents can get the information themselves if they are about to buy a creek or have a problem with their credit they can find other people have the same problem so i applaud the cpsc for moving ahead on that. second, i have something i would suggest for this committee and that is the big problems of recall effectiveness. the crabs are in and out there when they are recalls of the 7 million kurds recalled more than half of them are probably still in use. we need to improve the recall effectiveness. one way you can help to that is to require the cpsc to report to you annually on their recall effectiveness for each of the recalls preach manufacturers required to file a monthly correct action report that says how many consumers have contacted them, how many products that replace or fixed. if that information was public, right now it is a very difficult process to get, i think that alone would make manufacturers work harder to get those products out of use. again, thank you so much today. i appreciate it and i would be happy to answer any questions. >> mr. dwyer, your opening statement please, sir. >> good morning, chairman stupak. ranking member walden, i appreciate the opportunity to testify about krin safety. the timing of the hearing is fortuitous. my former colleague and i spent two days at the cpsc is a lot of the voluntary standard for the full-size krebs which the cpsc is open to promulgate later this year as a new federal standard. we've long advocated the adoption of the more expansive at 1169 as a mandatory federal standard. at the behest of chairman tannenbaum, the juvenile products manufacturers astm and consumer out a cigarette worked with the cpsc technical staff to update the cpsc crib regulations. this will making comes on the heels of similar rule making for infant walkers, bath seats and upcoming rules on toddler beds and bassinets and cradles. the rules are all occurring pursuant to section 104 of the cpsc passed by congress in 2008 with extensive input from the full committee. jpma will continue to work collaboratively with all the stakeholders towards our common goal of promoting the safest and most effective juvenile product safety standards in the world. our members produce products that help prevent injuries to our children while tragic accidents often occurred or may occur these products save many lives. as an example, try and become a child restraint seats save an untold number of children's lives in motor vehicle accidents. some will become eckert sell pledge your children are released safely to sleep. jpma offers a program to benefactor's willing to have their products tested, to the astm standards like the third party cpsc lubber three c's predators the vacation program was created in 1976 when manufacturers approached the association of setting it on to receive the standard for high chairs. that has evolved but it's still in effect today. since then, jpma has covered 19 additional products with two more pending. astm some of the largest poultry standards organizations in the world over 22,000 members world wide. astm standards are developed on a consensus basis by all interested parties. any reputable stakeholder can join the standards to limit committee and vote on all aspects of the standard. every standard development committee member with a vote can influence this process. for years, astm asra to one of the consumer advocacy to the karadzic to see keeping bbc and kids in danger on the development of a variety of juvenile products standards. including the full-size eckert standard. the first federal full-size eckert standard was promulgated in 1973 as we heard earlier and astm developed the first standard in 1988. the 13 standard fully incorporated the federal standard and at numerous performance testing requirements including corner post height restrictions and additional warning labels and instructional requirement. since then it has been modified all times to address the emerging hazards including last december's modifications which eliminated the traditional jobsites and established credit to the colcord testing procedures. at 1169 has been extremely effective. during the 2007 hearing on the cpsia, the test but to 89% reduction in fatalities due to a solution and effectiveness of the voluntary standard. the federal standard has been updated once since its inception 37 years ago. the cpsc relied on the astm standard as the best role for promoting currency in the marketplace. jpma your vacation program provides consumers the best regional the crab meat with mandatory and voluntary standards. here's how the program works. the manufacturer must apply to participate in the program and agreed to have all of its models and product category tested to the applicable astm standard. we do not test products ourselves nor maintain our own standards. jpma relies on exports at independent third-party cpsc let to verify compliance that the applicable astm standard. jpma has never used or promoted his own safety standards to recall products including full-sized curbs bearing the jpma certification logo must meet all parts of the applicable astm standard. achieving compliance is the beginning of the manufacturers obligation on the program. many factors must submit to ongoing testing. this testing ochers quarterly ferc least 25% of models so that all models are tested at least once per year. in addition, an independent third-party cpsc accredited laboratory pulls the products at random from retail shelves and tests the products for compliance. jpma as part of our role in promoting safe because safety for the vulnerable segment of the population. according to the first candle one of the nation's leading non-profit organizations, dedicated to safe pregnancy and survival of babies through the first years of life, there are about 4700 incidents each year involving infants sleeping in fireman's, at least 80% of parents and caregivers putting their children in an unsafe place outside the crib. a properly assembled a full functional astm crib remains the safest place. unfortunately tragic accidents can occur. with improperly assembled second use or heirloom cribs. we believe that your information and education can reduce these fatalities involving missing hardware or improper or reassembled cribs. that is why society because the 19 designated safe sleep is the theme for the safety month for a piece which takes place in the ninth month of teacher. jpma is working with cpsc, retail partners and interested consumer advocacy groups to promote safe crib assembly and safe sleep practices. jpma welcomes all efforts in this regard. again, thank you for the opportunity to appear today. >> thank you. questions for the members. is cowles, let me ask you come in your statement, and explainable but more on page two and going to the top of page three, you talk about the corner post in effect but if you mentioned the corner post of the cribs. and then you go on to say, the top of page three of the same time demand for standard has been instructed in time as well all the changes have been made to the voluntary standard even the final safety measure of banning corner posts on krebs was integrated into the astm fall/winter standard doesn't appear in the federal standard. so it was mandatory and now it is voluntary? >> it was never mandatory. it's always been in the voluntary standard. they first started -- as mr. dwyer mentioned the standard was passed in 1988 but the start of working on it in 1984 after unfortunately another child named danny died when he struggled on the corner post of his bed. so it's always been in the voluntary standard. specs, right now i can make a crib, i could have the post it's a voluntary standard? not to do it? >> you could have it probably have difficulty if he wanted to sell through the traditional retailers who wouldn't take it but with the extent of the internet and the cpsc would probably recall that they got it but you could certainly try to sell it. it doesn't violate the mandatory standard. spec doesn't violate the mandatory standard? >> right. >> all right. mr. dwyer, the jpma is a trade association that represents the manufacturers of children's products of course. you offer members a certification as you testified, and there is a fee for the certified product which is sacred that meet all applicable mandatory standards as well as voluntary standards of the astm; correct? >> that is correct. >> the jpma encourages members to use the seal of approval -- i think we had it on the board there at one time -- and they are advertising to show consumers that they are speed -- jpma certified. this ad i think is on tabby 11. if you want to look on the book in front of you. in this ad, jpma ran several magazines for new parents. this says and i quote, quote could be confident the juvenile products are designed and built with safety in mind." what is the safety in mind mean in the and? >> parents can be assured the products that we certify meet the applicable voluntary and mandatory standards for those products. >> okay. >> in a way it would be safe to say your certifying of the curve as being safe and? >> we are verifying that the manufacturers who meet at astm along with all of their stakeholders to discuss incident data, that is used to drive the activity of the committee. and if there are issues related to a product concern that they address those and incorporate those into the standard and that the manufacturers meet the standards. >> so what you are really saying is we've met all the standards. this product meets the standards whether voluntary or mandatory; right? what they're fleeing safety just that the standards are met? is that what we are seeing? >> we believe by meeting of the standards of the products are safe and that manufacturers take into account certainly the safety of the ultimate customers, they are babies when they built these products. >> the ad goes on and again i want to quote it says body may jpma certified product in any of the below category center was the product has gone through an extra set of rigorous testing. or the past several years and we've heard testimony today the cribs involved in some of the largest recall simplicity, delta, storch craft, they all earn the jpma seal of safety certification. so my question, mr. dwyer, has jpma changed the certification for the program in light of the recalls we've seen and infected and tuesday we had one of 635 cribs. have you changed the certification that would be found in this ad? >> to make sure everybody's clear the certification is a verification that they meet the standard. >> correct. >> as the standard changes the certification changes in much it is a verification of the standard. i'm not sure i understand -- >> i guess the recalls started in 2008 and 2001, sport craft had two big recalls. of the standards changed? >> the astm standards? >> yes. >> the standard changed with a recent change in december that would ban the drop side and also had an integrity test in the requirements to the current standard as well. in december of 2009. -- when you certify now, when you run this ad, that means that the slat has been changed, and what is no more drop side, right? >> it terrifies the groups meet the standards however the certification program does allow for 180 days suffrage propose that we will suffer defeat does certify six months after it's been implemented. >> when is the six months of? >> it will be in june, i don't the the exact date but i know manufacturers at this point to move products out of the marketplace, they are no longer manufacturing the jobsites products. >> but just so we are clear we have until june so there still could be drop side crib's right now for sale with ravee jpma sprick certification because they have until june, 180 days? >> that is correct. >> i guess my time is up. mr. walden, questions? >> that would be on less the cpsc recalls that. >> that is correct. >> that would be the only check then, if there is an identified problem and the cpsc get stat income issue a recall and take those out of the marketplace, but the parents may still have those credits, legacy chris if you will. >> that is correct. >> as your quote in the press saying the problem existed for ten years and nothing has been done we are glad to see it is not a crisis and people are acting. t want to talk about '? >> sure. >> nothing has been done in ten years? >> i sat on the astm committee since 2001 and there's another members on the committee before that. in those meetings the same issues we are talking about today, the same issues we talked about the last two days where we actually finally made real progress such as putting in a test in canada during all that time, it subjects the credit to much more vigorous shaking and testing much more similar -- to a child might do. and we have asked repeatedly since 2001 to add that test to the astm standard and was never added. >> so on the astm standards -- in your committee i am not sure how that operates. how many members are on that committee? >> mike might know better than i do. i would say around 50. >> i would say actively purchase of hitting its least 50. stomachs of 50 members, 15 that we participate? >> 50. 5-0, correct. >> during the period you then on and this has been floating around, have seven recommendations come forward that he voted against because they are not strong enough? >> yes. as one of the sometimes three sometimes for consumers in the room out of the 50. our votes on fortunately did not go far. >> couple of follow up on that? i mean, and again i don't -- i'm not representing astm. they are not here a table laid to participate in the problem as nancy does and anybody that purpose of its and the problem has the opportunity to to cast a negative vote on any ballot and if that ballot -- if the argument is found persuasive for the astm process that can be upheld and modifications can be made to the ballot before the final rule was issued. >> i want to be very clear everybody that for the states in the process has an equal vote on that process rate >> okay. and then mr. dwyer, i wanted to -- in light of recent events comegys -- companies like stockcraft lose membership status in your organization? >> they would not, the certification programs are separate and apart from the membership of the organization. -- of the same for delta and other brands that are jpma certified? >> correct. >> so they can still be a member -- >> correct. >> okay. even though they have these -- in your testimony, jpma list server 20 categories in this to petition program and including the krebs and infant carriers. which product should cpsc list as the top priority for the safety issues and issues a standards as soon as possible? >> in my opinion which products? i would say cribs and that is why we spend today is and why the chairman reached out to the manufacturers and the consumer groups and asked as i testified to please help us accelerate rulemaking on the full-sized cribs. >> and ms. cowles, are you satisfied with the recommendations that came out in december? >> i think banning drop side cribs is an important step, however, the real problem with the drop side, with as the family testified is hardware, using plastic hardware and the hardware pieces are still in other parts of the crib so we do believe we still need the stronger test to test hardware for turtle to come and that affect is being talked about in the meetings we've been too. so we are satisfied the new mandatory standard will have sufficient strength once we get to the plate. >> did you will vote on this new standard that cannot in december? >> not yet. process -- >> i'm sorry. did you both support that? >> i abstained from voting on the astm committees. we support and administrative role but i do support the activities. >> okay. >> the manufacturing problems i think is the issue we are all looking at. what should be done? >> in terms of the manufacturing of the product itself? i would submit and bring back what me say many of these are design issues if you design a product with that part where but manufacturing and i think one of the reasons the older crib's people are talking about is having seemed to hold up well were made under the same regulations but were made, you know, here under -- and the manufacturing plays a role and i am hoping that both jpma, astm and cpsc -- if you choose to make a product overseas that you're selling to american consumers need to make sure it is as safe as if you need it here. that is the responsibility. >> mr. dwyer d want to comment? >> manufacturers of the products are incredibly irresponsible. ultimately they our customers, they are babies. i'm the father of three children. i used a drop site could handed down by a friend of a friend, disassembled three times, putting together three times, took care to follow the instructions every time and manufacturers of this, ultimately the children's lives are the most precious commodity, and i believe manufacturers have always had that -- >> if i can interrupt for a second. family behind you made the comment about the instructions being on the bottom of the mattress or the bottom of the slat and sort of glue on there. is that done so it continues on if somebody takes apart? >> correct. sprick i don't know if anybody keeps the instructions for something together. >> correct. it's part of the standard because, just that comes to the instructions don't get lost if the credits handed down or if it is disassembled in between each child, which a product should be made to be able to be disassembled multiple times as nancy indicated. and the instructions are on their savitt don't get lost. -- >> so that is what they are glued on. exceeded my time. >> mr. braley? >> i want to follow the last comment to me. benefactors of the products are an incredibly irresponsible. you stand by that statement? >> idp respect is did you indicate a manufacturers association has grown to include more than 250 member companies in the united states, canada and mexico, and that these companies manufacture and it or in port infant products. >> correct. >> do you have members that our manufacturers in china and vietnam? >> no, we do not. actually, our main factors in the country or manufacture in those countries. >> right. but might we days since you have the word in port i assume some of your members are importing products that are being manufactured, and that is true demand factor is that you are referring to when you set manufacturers are incredibly responsible. >> manufacturers that are members of the association must a place of business in north america but his, some of them to manufacture their products overseas or in part mark overseas, yes. >> is it customary that the inspections that you rely upon are done at the plant manufacturing? >> the inspections for the certification program? they are done both domestically and overseas. >> okay. you are aware that it's much more difficult to ensure the integrity of those inspection process these when they are being done in a country like china, which has very strict controls on access? >> our members and take great care to visit with their factories overseas every year and make sure quality-control practices are taking place at the highest levels. >> have you ever tried to serve a chinese manufacturer of a defective product that's marketed in the guidance petites debate -- the united states? for legal process? >> i have not. >> tuna what is involved in the process? you know international treaties have to be complied with and that service has to be performed domestically through the chinese government that erect some roadblocks that can prolong the actual accountability of foreign manufacturers who are selling defective products in this country for years and years if you are ever successful? >> i'm not familiar with that process. >> are you aware certain states like my home state of iowa have domestic laws that provide immunity to the sellers of products like some of your members if the manufacturer is accountable and can be served, and that may put you into this and less limbo of trying to get service in a country that doesn't want its manufacturers to be served. and that's exactly what representative sutton is talking about in the bill she's about to introduce. are you familiar with that problem with your work with these many people selling products that affect infants' lives and safety in this country? >> no sir but our program is built with safety and mine and we have testing, will double testing, multiple testing for the consumer product safety act was even implemented. our program, section 104, the requirements of the certification are more robust and the mirror what this congress, but this committee is to get it. i am not familiar with the challenges, with serving chinese manufacturers, with, you know, warrants for a defective products, but we are here to talk about our certification program, the astm standards. >> in your certification program, have you ever encountered incidents where the instructions on assembly are written in that country of origin in some form of english that would not make sense to anybody in this room, and yet it is being used by the manufacturer and subsequent seller of that product as a guide for people in the assembly of that product? are you aware that takes place? .. and so that is a requirement. >> and that's my point. my point is the manufacturer in the latest recall is located in china, located in yet time. and they sometimes have a very different understanding of the english language and american consumers putting a product together. i'm not just talking about from a professional standpoint. i'm talking about the standpoint of a parents is assembled many of these products and has frequently mystified by what the intention is in the assembly process because it's obviously been written by somebody who doesn't live in this country. >> are you specifically talking about terrel recall 635,000? where that cribb was put together with factory prepared speared criminal charges were charged against the spirit for a future child. >> about that before i closed on the mr. chairman. what happens in these cases is everybody engages in finger-pointing. and one of the first people on the line are the parent dealing with the tragic loss of their child who are frequently blamed and subject to criminal prosecutions, which are many times later.. and i think that it's important that if there are manufacturers profiting from the sale of these products, they take a good look in the mirror and do everything they can to address the problem not always blame the parents and that's why this here today so important and i yield that. >> thank you, mr. braley. it should be noted on the case with appearance charges were dropped. and so, just for the record is clear. mr. burgess, when he comes back i will reserve a spot with the max. so i guess we are to admit schakowsky. >> i want to talk a little bit more about the role of parents parents -- a. n-november lasher we talked about this but the cpsc store craft recalled 2 million cribs would drop side hardware. as part of the recall, store craft created an instructional video and posted it on youtube. and so whoever's working on mack, let's get it up there to show consumers how to identify problems with their cribs and how to install the repair kits the company supplied so if you play that. >> before each usage for assembly, inspector check for damage hardware, loose joints, missing parts or sharp edges. do not use the crib if any parts are missing or broken >> so let me ask you, ms. cowles, is it responsible are realistic to expect parents will follow this recommendation in the real world? >> no, i don't do get a parent does that every time they put a baby in a crib anymore than you open your head and check everything before you get in your car to drive. it's certainly something we might expect them to do occasionally, but no, i think parents assume the crib is going to stay put together. >> mr. dwyer, do you think a mother or father would wake up at 2:00 in the morning and put the baby back and that is going to go around and do a crib inspection every time before putting the baby back to sleep? >> having been a very tired father one time, no, ma'am. >> so mr. dwyer, keep put together for thomas questions page about topside cribs. it's on tabbed time of the document finder. and here's which are associations that she says. jpi may remind caregivers that when you assemble a crib to the manufacturer's instructions and use it structurally crib provides the safest sleeping environment for abb. what do you mean by by use it properly? >> that is assemble according to the manufacturer's instructions. >> and inspected every time, right? >> would recommend that parents be aware that inspection may be needed and we also have safely guidelines for when not to put in the crib. that's part of the whole process, such as heavy blankets or pillows or that type of thing. >> store craft ceo jim moorish entered a statement after the november recall in which parents properly used the drop side cribs and infants entrapment. here's how the news account quoted mr. moore. in the majority of instances, the cribs were being used with open hearts, parts and pieces minicar parts were damaged or was modified or home made cards, unquote. so ms. cowles, what do you think about the store craft response? >> i think it is particularly damaging to the recall process, that would manufacturers comment and as mr. dwyer has done here and blame the individual parents whose child either with diaper was hurt, it basically says to every other parents using that crib, i'm sure you don't need to worry about your crib because you're a smart parent who's using it correctly. and so i think that kind of language, especially after the cpsc has been negotiating with them the press release and come to an agreement of what's going to be said about it than the company comes out later that day or the next day with those damaging comments. i think again both discourages parents from participating with the recall because they think there's must be okay because they honestly put it together right and downplays the problem. i mean all that list of things, if that crib was a fallen apart, parents wouldn't have to do any of those things. so, if the crib i think were here to talk about. and not tell individual parents may decide to fix the problem whether crib doesn't fact break. >> and mr. dwyer, what were you saying, kind of i felt sort of self righteously, about how these parents were on the dorel asia cribs charged with criminal negligence or whatever it was. >> i just want to clarify for mr. braley does calm were not by the association and i was made aware they were extenuating circumstances that that crib they were showed that tape holding the pieces of the crib together and that one side was broken from the crib and had been pushed against the wall. i was aware that criminal charges have been brought for child endangerment and also drug charges. i was not aware they have been dropped, but i specifically addressing i do not want those dreams recalled because they were not certified by the association. >> did you want to comment, ms. cowles? >> i know that's not why were here today but i've been working with many parents whose children have been killed, more time than you can imagine that is always threatened or brought before the medical examiner can ascertain that the product itself was defective. i got parents charged with that, with child abuse, with all kinds of things. and so, the initial charge made by police have notification of what is actually responsible for that child's death, especially in a case like this were the charges are dropped. >> thank you. >> ms. sutton, questions please. >> thank you, mr. chairman. i want to follow-up on two things. first of all, representative braley's line of questioning on foreign manufacturers. i just want to invite all of our colleagues to seriously consider getting on this bill. it's a bipartisan bill to make sure that we can process and submit people who are selling products in this country to the jurisdiction of our courts and enforcement of our laws. that's what i think the american people expect. and those are the consumers. yes, your customers are intense. with parents. and they're counting on us to deliver a degree of safety. but i also want to follow-up with ms. schakowsky's land of question because i think this idea of parental error versus product defect is an important one. and along the same lines, in september 2007, cpsc recalled more than a million simplicity drop side crips. one involving the company. and the cpsc noted some involved the drop side upside down, unintentionally. in this situation the drop side would function upside down. it would function my way and it would weaken the hardware and in some cases detach from the crib. besides to drop side cribs have the same problem, had similar problems. so stork craft asserts this problem is not the companies fall. in the stork craft provided to the committee located at tab eight in the document finder, the company states, and i quote, this absolutely unreasonable to expect that to two reasonably foresee that a consumer would in stall the drop side rail upside down. mr. dwyer, do you agree with that to's statement. is it on for siebel that a consumer might improperly installed upside down with the drop side will still function that way? >> i'm not intimately familiar enough with the project. obviously, if the product is manufactured in such a way that it could be installed upside down as was the case with this product, that that would be the case. >> i don't understand your answer. >> your question is, is a foreseeable for that product or rail to be installed upside down? apparently, that is the case. it is foreseeable if it can be installed upside down. >> okay, few agree with the stork craft's statement that it is unreasonable to expect that to be foreseen? >> i would say based upon the information, limited information about the specific product as i read it everyday here would say i disagree with that statement. >> thank you. and ms. cowles, i understand i understand you are part of a task group to examine the improper drop side installation? they produced an e-mail to the committee, which is located at tab one of the document finder. and it relates to this issue. this is an e-mail chain between you, jonathan midgett cpsc looking at improper assembly hydroxide. dr. midgett who was an engineering psychologist comments as follows, the best way to prevent disassembly is to the consumer's ability to put parts in the bond place. the least effective strategy is to modify the instructions or create a list of warnings. to his coworkers at cpsc, dr. midgett dothan and e-mail to industry has been, freakish and its insistence on instructions of crips are at fault. this only makes sense if you know or don't want to change any of the shape of your crib hardware and would rather blame the consumer end quote. ms. cowles is this consistent with your experience in negotiating crib safety standards. >> i think is very consistent with mike's parents on the committee and and never mention them i wonder testimony the committee will not look at incidents that happen in cribs older than five years old even though we heard from the family that could've easily been a crib that was in one place and not reassembled because they consider at all. they're very quick to blame when they can account things to let the consumer dead rather than to their crib. and again, as i said today, if it is made so you can put together in a way that causes death, that the design problem, not a consumer problem. >> thank you, ms. cowles and i appreciate mr. chairman boucher holding this hearing. the females illustrate relying on safety standards and i yield back. >> thinks. if i may just one question or two. and mr. burgess will be here in a minute. let me just ask this, mr. dwyer i ask about the certified products and we talked about recalls. do you ever take a similar ads in the same magazine advertisers on the recall like on the cribs? >> i'm sorry, i didn't understand the question. >> is your association -- you put out these ads advertising these projects that their certified and with their recalled to ever take i'm not saying the southern recalled those consumers would no? >> no, we don't need specific products. >> wouldn't that be a good idea? >> i believe that several of the agency. we can communicate. we issued statements on provided statements based on when the stork craft products are recalled to help parents and concerned consumers understand the implications we link to recall governor website. >> slathered in your website, that's all you do to let parents know that -- >> we do not take out at the magazines to promote the fact that the products are recall. this is part of a product safety campaign that involves multiple communication -- >> sure, these are all products with your seal on it. so if your seal products are being recalled i think you'd want to let people know that. >> we do communicate, but we don't take out ads in magazines. >> okay. i would like to thank the panel for their testimony. thank you, witnesses and thanks for being here. as mr. walton reminds me, we're going to a vote here pretty quick, so let's see if we can't finish up this hearing. manasseh chairperson to come forward please, the honorable ms. tenenbaum of the consumer product safety counsel, leger record reflect that before you have your opening statement if the policy of this committee that you have the right under the wealth of the house to be at highest to be represented by counsel. please raise your right hand. >> do you swear it to make the whole truth and nothing but the truth. >> let the record reflect this tenenbaum is under oath and please present your opening statement please. >> good morning, chairman stupak, ranking member walden and members of the subcommittee on oversight and investigation. the overall safety of cribs -- >> is your micron please? maker micron please. >> the overall safety of cribs is a critical concern of the cpsc a personal priority of mine giving on case gets off the market and out of the home is always been a key part of the cpsc mission. i strongly believe we must do more and have strong federal safety standards that prevent cribs with design flaws or safety defects from ever making it into the stream of commerce and trade commerce. since the inception of the agency in 1973 the cpsc has been deeply involved in issues of ribbon and conflicting environment safety. in november 1973, the commission promoted the first mandatory safety standards governing drop side cribs. the cpsc is also worked diligently with other organizations such as the astm international code standards. these mandatory and voluntary standards come by the substantial outreach efforts have undoubtedly presented numerous infant child and just grease. one question that has arisen in some media reports is the issue of why the cpsc's current standards have not been revised since 1982. the main answer is that the commission has limited authority to do so under section nine of the product safety act. under that section which was revised by the cpsc, the commission was generally required to rely on voluntary standards that would likely result of inadequate reduction of risk an injury and where they would be substantial compliance with the standard. this reliance on military standards worked well in many areas but it also? substantial gaps have voluntary standard developing organizations were either unwilling or unable to confront. this provision was modified by the cpsi to give additional authority for worldcom even when a voluntary standard is in existence. in addition, the cpsc also included section 104 anna danny keeps our child product safety notification act which gave new standards for 12 groups of durable infants and other products. i strongly support these additional authorities and have directed the cpsc stockton a crib safety a key priority. starting with immediate recall of cribs that have been shown to present the substantial risk of danger and injury to children. one example of the commission's outburst or would potentially hazardous cribs from the marketplace has been the two recent recalls the stork craft drop side trades. in january 2009, said to agree to voluntary recall of a million impact of cribs for rocket defect. the cpsc was investigating instances of the drop side issue with the crib. these involved however large population of cribs with different styles of drop side hardware in a different mode of drop side failure. after my arrival at the commission i requested weekly commission briefings from the office of compliance on pending consumer product investigations. the subject of the september 24th, 2009 briefing was nursery products and included the commission's investigation into drop side cribs. during that briefing i learned about the developing compliance case regarding site to drop side cribs as well as the tragic june 2009 death in louisiana that involved a sad to drop side crib. following this briefing i directed the staff to get immediate priority to the recall is said to cribs in this drop side hazard. in november 2003, november 23rd, 2009, set to announce the largest crib action in cpsc history. as above 2.1 sub to cribs. we also recently recalled transfix cribs because you are very well that recall. now, since these recalls and since my tenure as we needed the sleep sees initiative which a fixed point i want to talk about. and my statement this morning i'll just talk about the highlights but then you can ask the questions later. i think the cpsc has very talented that has worked diligently for years on this issue of safe crib. i also think that we could have for a variety of reasons including funding inadequate statutory authority and competing priorities move quicker to have a mandatory and stronger voluntary standards. and i want you to know and make very clear to the subcommittee that those days are over at the cpsc. this morning i'm pleased to announce the details of the safe sleep initiative. first of all, you've heard from other speakers that the first part of this initiative is to expedite the rulemaking and have mandatory standards under section 104, for cribs. and i might add that when i came to the commission, the schedule for this rule for cribs was scheduled for 2012. when i learned about it, i pulled it in front of other roles and said we have to have the standard now. second, we are going to expand the commissions successful early warning system by having an early warning team for bassinets, cribs another safe environment for children. jury, will also increase the monitoring of recall effectiveness and corrective actions on crib recall cases. want to know how effective are these recalls. fifth, we're going to continue with our additional media outreach. for example, when we recall stork craft, we estimated 200 million people saw the television clips of those recalls. in sixth, we're going to have an internal management review of how we do because not only for cribs, but for other products. when i came to the commission i realized the commission need a new strategic land. it also needed consultants on the outside to come in and look at the operations and the management of that agency. so it went to the procurement process i'm pleased to announce just recently we have secured booze allen hamilton to do a top to bottom review of the cpsc and help us in this area. and mr. chairman and ricky member walden, i thank you for having this meeting. it's very important veggie show everyone involved in cribs safety how important is to you when i look forward to answering your questions. >> well, thank you. let me thank you on behalf of the whole committee and our staff or your work and cooperation in this area and also for being here all morning. he sat through other panels that we appreciate that and we think that helps and what we're trying to achieve here. you said your sleep safe sleep initiative was starting today -- >> we party started. >> you said in your testimony when stork craft was announced a retail there were millions of people thought after. >> we went on the show and announced the recall and reason all of our social media, twitter, we estimate over 200 million had access to those television tapes. >> when we do recall here, especially like with stork craft, 2 million recalled here n-november, that's a voluntary recall. >> and is a voluntary recall. >> and you have to convince the manufacturer to do it. you don't have authority to say that they, we're recalling these cribs, correct? >> we could if we wanted to go into administrative action which would probably result in litigation and take more time. the compliance officials and lawyers at the cpsc is that jimmy fekete a voluntary recall we could get the remedy to the consumer quicker and takes less time. but you have to negotiate. >> if you look at top seven here. i want to talk a little bit about that because you have to negotiate with the company that does not believe their product is defect is. right? >> of correct. in fact, that to maintain to this day the product does not affect it. >> still maintains that even though we recall 2 million cribs in 2009. if i understand this correctly, starting on may 6, 2009, stassen's e-mail to stork craft advising them to stop sale of drop side cribs, is that right? >> that's correct. >> is a number of entries in here about all what the stuff was doing, conversations, discussions and that wasn't really completed until about october 9, set to submit a press release and then you have negotiations of the press release begins. >> that's correct. >> that takes you six months to convince them to a do a recall, correct? >> it depends on the circumstances. >> than this one it took six months. why do we begin negotiations of a press release? that's october 9. and it's my understanding and again i have all the entries that went through trying to negotiate a press release on the recall, which ends in children possibly died because of the effects in these cribs. and that takes us to press release issuance of october, excuse me, november 24. so that's another six weeks. >> that is correct. we negotiate every word of that press release. were required to under the company. we speak under the cpsc was amended which gives us more flexibility but we negotiate press releases. >> six weeks here. beware i say to me being a little skeptical, but this is sort of like christmas season. that's when people are buying things. teething part of the negotiation to drag out the press release for six week is to get into the christmas season to sell more cribs better defect even been recall. >> bypassed myself i take so long 20 minute decision for recall why take six weeks. that is the standard procedure. and they produced a document for me with everything that has to be done. particularly if you're going to do a recall repair you have to manufacture the repair, test it and then inside the company to stork craft co., those decisions if you're talking about someone they have to run it all the way up to the ceo or whomever is at the level to make a decision. but it is the truth. it takes an inordinate amount of time and all during this time the consumers don't know that their crib needs repair kit. >> even after you do recall, now this is well over six months that when we started this process in six weeks to get a press release out. on top of that there's another six months i can sell the product to the american people, right? >> once the recall is announced, we stop sales. in fact, the retailers have a way to win their computers put the number, serial number of the product. >> for mr. dwyer that we had another 680 days after that. >> now the recall will stop sale. >> okay, i had it wrong. why does it take so long? you at a number of recalls. why does it take so long? why does it it takes expense? >> it shouldn't take six month and a slanderous exhibit initiative we are going to have a safe sleep team where everyone works together, the compliance officers, attorneys, epidemiologists, engineers that we can all work together to move the case forward quicker. i think six months is too long and you can also the company is not cooperating and keeps insisting they shouldn't have a recall, we can issue a unilateral press release, which we have threatened to do. i've also told our staff can reduce every enforcement power you need to move cases forward. don't let a company push back on you if you have the science and engineering complete and you know this is a product that needs to be recalled. said another leadership -- also is behind them in these recalls. we have also instituted since i came to the commission were once a week all five commissioners meet and we have weekly compliance briefings. and monthly compliance briefings. so we know the status of cases and can give the staff are thoughts on how urgent we think these recalls are. >> well, hopefully next in the press release doesn't take six weeks. six hours should be enough. mr. walden for questions please. >> thank you, mr. chairman. chairman, i thought energy say you have the authority at cpsc to you even around very. was the company not cooperating enough process? >> the company was at that point they were cooperating once we told him we were going to do the recall. but when it said six weeks, if it's not really -- i mean, there were other things going on in that period of time. >> what other things are going on? >> i can give you the process. i mean, first of all, you have to determine the scope of the product to be recalled. >> cpsc us to do this or the company? >> the commission has to do this. it's a two-page longer three-page long document of everything that has to occur before you can recall a case. and you've got to make sure the 800 number and website are operational. you have to test the kids. the company has to manufacture the care. >> these are required by your rules? >> these are required to have a successful recall. >> these are drop cpsc rules wee talking about? and you can control the procedures? >> consumer product safety commission, yes. we control it but we also have to make sure the recall is done appropriately. >> i fully concur with that but with that but i'm just turn to get this issue by took six weeks to get a press release out. >> this was a staff member's note -- smacks we don't think those are accurate maybe? >> no, i'm not saying that, mr. walden. a man reflected reflected it was going on six weeks. but we do have to negotiate every word. they might go to their supervisor or to the ceo and come back to us and say we really dispute this death. so that was a good example, the death in the dorel asia case. so when you get and whether or not you're going to mention the death, the lawyers on both sides have to get into it. you should do an investigation. we can take six weeks. it would want to nowhere going to list safeword deaths, then you have to say inside to there were four deaths. >> you think that's an unfair process? >> we have to make sure that it's correct. what i would like to see on the front-end as for us now that we are going forward and we have our team is going to be working together, i think we can shorten the part leading up to the recall. >> you think the early warning system has been toothless? do you think those were? >> the early warning system was formed after the simplicity recall in that puts together a team of people, voyeurs, compliant to look at the data that is submitted to us. >> i'm surprised he didn't everybody in your agency to talk. >> earlier you mentioned to you, you vastly were one of the transport if they had a duty to report and they did not. and that is one of the issues. we do not get report sometimes until years after an incident has occurred. so one of the issues that we were going to say in terms of improving the process, which would take probably statutory authority is to require state to report events to last. medical examiner's reports. we purchase. we work with other -- we worked voluntarily with hospitals. we have a nice system. we have a number of ways we go through press releases. but i mean, newspapers. we do everything to find out about instances. but there's no duty to report from the state corners are medical examiners. >> thank you, that's helpful information to look as we go through. i just got 45 seconds left here and we've got those. let me ask you this. is it the industry trade group's duty to come up with these new standards or if there is a gap in safety, and is at cpsc's duty to put an mandatory standards? you have that authority, your predecessors have that authority. you can step in and put a standard and that says, we're not going to have drop site cribs or were not going to have this type of manufacturing process, right? >> i think the astm should always have state-of-the-art robust standards for all the products. but they also see when you see patterns of this kind that go on for years then it's time for the cpsc before it gets displayed to the mandatory standard. that is why when i came to the commission we started looking at the cribs. we change the schedules of this year will have the mandatory standard. we asked the astm, i called and personally got them on the phone, you need to work with us to have the best voluntary standard possible. they voluntarily said yes without to work with you. they came and spent yesterday and the day before and worked all day long. and they've come to the agreement that we need to increase the wood quality. now it's a 50-pound standard. they agree to an 86 pounds standard. we need to attest the hardware, giving the canadian wracking not say. i understand that's 9000 times the hardware is put under status to be tested. the outlaw wooden skewers and they also talked about other issues that would make a voluntary standard with us. >> thank you for your work and for your response to the questions. >> ms. schakowsky for questions, please. >> so let me get it clear. we are going to have a mandatory standard for cribs that will prohibit drop side? >> yes ma'am, we will. it will be 2010. we hope by early summer to have the nt are published in the federal register. richard 75 days of comments and then we will have the standard by the end of the year. we're also pushing to astm to adopt voluntary standards with this you the good thing about having a mandatory standard as you put in the cpsi and will be retroactive. it will cover cribs entering public cribs like hotels and childcare facilities for the job site will be banned in public places. are we still worry about cribs and homes they continue to other topsides. >> and in the meantime, however going to keep these cribs -- are all of them with drop side recalls? >> well, we recalled 6 million of them and all of these are voluntary recalls where we have repair kits and we have two key continuing to educate people in the homeland cribs that there is a repair kit that they need to purchase. and so, it still will be in the home and we also want to reach out to the minority committees to the neighborhood safety networks, the minority outreach program. also we're looking at how we can communicate to every state agency that licenses childcare facilities so we can send out e-mails to say don't use this brand crib. children have been injured or killed with these drop side. it's up to us to continue with our public information campaign. >> but there still will be until -- selector the 75 day comment, when are we going to see a ban on drop side curves? >> supposedly the astm has been found. and that's the direct your -- >> manufacturer. but not all of them have been recalled? >> i don't think every crib has been recalled. but it has banned prospectively. i'll have to get that you are not. >> put under cpsc, what does that take us to? through the 75 day comment period. >> i would hope to have a mandatory role done and i hope we can do it soon. and the work that has been done the last two days by the astm should allow us to have information plus the agency put out in 2008. so we are going to try as fast as possible to have this done. >> okay, i want to get the letters right. the -- >> doreljpma. >> they voted against having a standard. and try to understand the relationship of the industry. and for a long time i've been concerned about the issue for example of these press releases. and i understand of course getting the accuracy. but it doesn't take that long to figure out if someone -- of the child has died or four children have died. and the fact that the industry doesn't want that in a press release, who cares. why do we have to negotiate that? why should it take so long? if this is a thread of life, do we have to do more? how does our new outcome of the improvement act, change the world about these press releases? >> well, i'll give you an example. this just weak we recalled dorel asia in the today show another morning shows a very helpful to us and they say we will announce this so people can get the word on this. and we had it that in the press release that child had died. the people representing dorel asia were talking to tom castello until right before he went on the air saying do not mention that death. and so, that is how we have to deal with this. and he mentioned it because we asked them to. >> well, under the new act, he said there's been some improvements and not. what has been improved? >> well, under six pikachu shortened the period of time. but still the negotiations about whether or not i doubt that the cost of the hardware or some salt of the consumer and that goes back and forth and we have to be really hard about pushing forward that were going to list the stats. >> i think we really have to do something about that. don't you think the impact of a statement, where death has occurred is much more powerful than -- >> yes. if you're in as your child can tragically died by being entrapped. they will go in the room and look at that crib immediately we hope. or even when a child is injured and we can show parents, this is not something that you can fix yourself. please get the repair kit. and if it's the crib is in such bad shape, please do not use it. >> i've got to cut you off good mr. burgess has two minutes left. >> thank you, mr. chairman and thank you commissioner for being here today. i know we have a request in your office to have a meeting and i hope are able to have that soon. mr. chairman, who also say having taken a trip to the testing facility at cpsc, i would encourage a field hearing of the testing facility sometime. i think it's important for us to see how they do a good job with really sometimes are pretty rudimentary tools. and if we behave ourselves maybe they'll let us custom of the toys that we promise that you break them. now, you have said -- i'm a little confused by youth in the manufacturer drop side cribs. >> astm hassan will put them in a mandatory standards. >> who needs to ban the import? >> what the astm is a voluntary standard in their same in the standard, which they voted on in december 2000 that it will no longer meet standards of its drop side. we will have a role this year and i don't want to whine but i want to tell you we have had 48 federal register notices since the passage of the cpsc. there's so many roles under that we push board that fat by it take so want to finish these roles. it anyway, i'm sorry. >> some of the things we've gone through before with the lead up was the problem we have with stuff that is made overseas in china been brought to this country that doesn't make our standards. if it's defined by the drop side that is the problem, that it doesn't matter where it's made in my opinion if it's made overseas, that we should not allow its import. now what do we have to do with the world trade organization and all of our treaties and borders that, what do we do to keep those kids from coming into being sold in retail outlets? >> if we banned the drop side, we could stop at the port. and we will and the rule. >> which is going to happen? >> in 2010. >> and turn it was originally scheduled in 2012 and we have expedited that moved about 22010. >> the notes i have new u.s. consumer product commission safety general counsel required actions pursuant to the consumer product safety act of 2008 and this is dated september 2008, that we would do this by august 2009. i guess that's what a little bit? >> i guess it did. the durable nursery equipment items there were 12 of them. baby bath and baby walkers. >> shouldn't cribs be on the top of that 12. >> cribs in my opinion, yes. that's why expedited it. we on this committee can expect you to issue a mandatory ban on dockside cribs sometime in 2010? yes, sir and i will be applied per cribs in public places such as childcare facilities and hotel rooms. butterworth applied to dance in homes. so the consumer would still have it under section 104. >> will they still be able to go to a retail outlet and purchase one? >> no. >> with a retailer be able to import one for sale? >> no, not after we say they don't meet the standards. >> that will be able to stop those at the border? >> yes, sir. >> what -- let me just ask you, one of the things we struggled with during the run-up to the bill in 2008 was the funding and personnel level at cpsc. where are we with that now? >> well, where the level of having 530 ftes, full-time equivalents and we now employed as of today 479. do we have 45 recruitments in the process of being hired. and it's our goal to be at the top of the 530 this year. >> now, we were given nancy noris and mr. moore at the funding levels providing cpsc in past years were not satisfactory those were increased. what actions are you taking now that we're going to be the tough budget year. it's going to be real tough. and yet, this is one of the more important functions. but still very level on the totem pole things get funded. what actions are you taking to make sure your funding does not slip? >> well, when we go and meet personally with a one b. and i go myself to talk to them how important it will be to be able to implement the cbs eye and other statutes i asked him to hold her agency heartless. and so, i said $10 million to the cpsc is a tremendous amount, $10 million to make an agency would not have the same effect. and we keep demonstrating to them how we're using it. also at pusan allen hamilton which does strategic plan for us, they will be looking at what additional resources we need or how we've are seeing resources to accomplish our goal, which is keeping consumer safe. >> i would just say don't forget your friends on this committee at the appropriators are treating me squarely. thank you, mr. chairman. >> i conclude solver question. i ask unanimous consent mr. waxman and the attachment be made part of the record. and that concludes all question. i want to thank governor says for their testimony. the world can be provided that no members have up up to ten days to submit additional questions for the record. another question that they either to report deaths and injuries and after you do a recall we've seen going in the stores there's no notifications are there's going to be other questions will follow probably with you, madam chairperson. so i ask unanimous consent that the contents of a document be entered in the record provided that committee staff made reback any concerns about privacy or proprietary bonds for certain sensitive issues. that document, documents be entered in the record. the subcommittees adjourned. thank you offer being here. >> thank you. [inaudible conversations] .. mark moyer and author of a book from delaware to iraq. he is also national security were professor at the u.s. during court university. mr. moyer, you are in afghanistan for about ten days. just return. you are invited there by the military. why? >> guest: . they wanted me to come speak as part of a new leadership initiative that's been set up by lieutenant general william caldwell who just is, to take over the training mission there. and they are really focusing on the leadership side of the afghan security force because that's been a piece that we've kind of neglected. we focused on sort of mass-producing excuse me the afghan security forces. they're looking at ways to fix the leadership problem because although we produce big numbers, we haven't had the kind of performance we would like and so general caldwell is looking at different ways that we can fix around the leadership problems. we've written this book on counterinsurgency leadership would be useful me too, look at what's going on and also to speak to some of the afghans about their leadership issues. >> host: what did you find? >> guest: icon on the afghan side the military is doing a good job with the new officers. their military academies like our west point is very impressive. they have merit-based recruitment system. they also have an ocs which has been struggling a bit. >> host: ocs? just to officer candidate school like in our military. they've got some problems with that because the instructors were showing up for work. when i was there they actually believe they can and are of that facility which is an encouraging sign was trying to hold them accountable. on the police side, they been struggling. they haven't had the same occurred in success. the kind of taking whoever they can get. work on fixing that now. much is being transferred from the state department over to the military command of general caldwell. i think we will see some success while there is still dispute about the defense contract your dyncorp, which has been there and not doing as good as we want. that's still a bit up in the air. >> host: because they are contract with state department? >> guest: yesterday. they've also been doing work in iraq and there were some problems there. i think it's going to be something we need to keep in mind going forward are what have the world and these defense contractors and police trading because a lot of the problems facing the past both in iraq and afghanistan have been the result of the state department which is undermanned. then another people to do while the oversight. a lot of the contractors don't know the right people. so i think we are in afghanistan finally moving after eight years in the right direction of turning it over to the military. >> guest: >> host: what are some of the challenges he found with this effort? >> guest: one of the big things is getting enough people on the nato side. there is still several thousand people short of what they need in terms of trainers. >> host: these are nato security officials that will be training afghans? >> guest: that's right. the canary military force basically our constabulary force in italy are help you now. we called on a lot of the variations to provide people to provide greater oversight in these training facilities. some of the nato countries have still not ponied up the people that they have. and there's diplomatic efforts going on. right now to try to get them to live up to their commitments. >> host: what about literacy within the ask any rank? >> guest: that is a significant problem. they're getting enough for the most part in terms of the leadership ranks, but below that it is a big issue, especially in the police were there trying to get them to do some of the administrative work that we would do. it is a big challenge in that you got so few people who are literate. dan is getting tied down with all the paperwork, it would've been out there doing some of the leadership jobs they should be doing. >> host: i read in the newspaper that part of their work or training they do is teaching them to read basic things like imap and instructions, handbook instructions for a gun. just go that's right. they are teaching very basic stuff. again, and the rest create people we short people in the training cycle. you have people coming out of the training he still didn't know how to read a map. there's a big challenge for dealing with expanding especially on the leadership side some of the terrain. until recently, the state department put together a navy program and there are making people into police leaders, which is far too short for what we need your >> host: who did she meet with when you were there? >> guest: general caldwell and his administrations i got with a lot of the nato officers. he is a series of general officers who work for him. general mcchrystal and his staff had also got to meet with afghan defense minister, general wore dark as well as some of the commanders who were out there in the field doing this. just >> host: did you get to me that these officials before or after you saw what was going on? >> guest: and was faced out during that time. during the period throughout. they are very much on top of these problems and fully recognize, you know, what the challenges are ahead. we still have a lot of problems we need to work through, that the ascii output here it in the past we've sat back too much about the afghans do things that they please. i think we recognize they need more help in some of these areas, especially in terms of leadership. >> host: well, your book was about counterinsurgency, civil war in iraq. what are the comparisons you can draw between iraq and what's going on in afghanistan? >> guest: attacking with the afghans after touching military academies and police trainees can we focus really on leadership stories and there are culture that likes narratives. and so, i went through a variety of case studies including some from around because one would want to come across as being holier than thou. on the american side as well, leadership where to go well, didn't go well. we start off in the silverware with general friedland was a political appointee, very disorganized, appointing all his friends, didn't give them real responsibility. didn't get off proper orders. the menu had been replaced by abraham lincoln, henry allen comes in and fixes things with corruption they have. so they had a lot of the same problems we see in afghanistan now, but we focus on other cases to show them this wasn't a unique problem in afghanistan and here are some ways that other countries have dealt with it again. you know, looking at the philippines is another great example where you have a very corrupt government. they were doing well against the insurgency you had president come in and did a purge of the leadership, guy would've officers who were doing their job and insisted that they respect the population. insisted that nepotism would don't longer be tolerated. and those stories really didn't seem to resonate with the afghans. >> host: you wrote this question "a question of command" and from what i understand, it's caused quite a stir in military and civilian leadership. were you surprised by that? >> guest: a little bit, yeah. you know, it depends to a much service to look at. i work with the marine corps. i said the er me a lot, too. but the marine corps has traditionally adhered to a position last based on doctrine. in the book i argue that we sometimes get too caught up in our doctrine and it's much more about the individual commander. and i think historically the marine corps has focused that way. the army is out in that direction. general petraeus is leading that charge. but you know, one of the things that i really try to fight against a standardization, even with the counterinsurgency manual that came out in 2006, which was good stuff in there. people also took out and basically used that to do sort of a checklist approach to counterinsurgency. here are the things you need to do. you know, i found it really doesn't get you very far. it's good to learn some basics, but when you look ultimately why the counterinsurgency succeeds it's mostly a function of the leadership. >> host: of which though part -- is that the leadership of the united states or the leadership of these iraqi officials or in this case afghan officials? >> guest: right, it's both. take afghanistan for example. we have americans to a lot of counterinsurgency work. they're out there doing a lot of partnering with afghans. to sometimes they're actually providing leadership to the afghans. they are very important. and the long-term, afghanistan is what's crucial. so turning things over to them. we are getting their police and military leaders up to speed is really critical as their the ones, you know, it really comes down to local politics. and two things really, the security, can they provide the security and make cool safe to organize the programs. and then to provide some basic government and do it in a way that doesn't abuse the population. you find time and again that if the mistreatment of the individual. it's not some ideological cause typically that's the cause. if the police have been beat up my son. that's when joining the insurgency order. you know, they stole the public funds. trying to fix those problems really does come down to the character individual leaders. phone call from barbara, democrat line. caller: good morning. i wanted to talk about health care, but i can talk about this. iir

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