May 8, 2009

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By Product Safety Letter staff

CPSC is set to return to a five-person commission with President Barack Obama’s May 5 announcement that he intends to nominate Inez Moore Tenenbaum to be CPSC chairman and to nominate Robert Adler to be a commissioner. A fifth commissioner, who will be a Republican under CPSC rules, is as yet unnamed, but Obama said the expansion would come in the summer. The Consumer Product Safety Improvement Act (CPSIA) provided for a return to a five-member panel, although the two additional slots still required funding.

As for funding, Obama said he would ask for $107 million for CPSC in fiscal 2010, a 10.5% reduction from the figure authorized by the CPSIA. The law called for $118.20 million in 2010, $115.64 million in 2011, $123.99 million in 2012, $131.78 million in 2013, and $136.41 million in 2014. CPSC’s 2009 budget is $105.4 million (PSL, 3/2/09, p. 1).

Tenenbaum is a former South Carolina Superintendent of Education, elected to that office in 1998 and 2002 and serving from 1999 to 2007. She currently is with the Columbia, S.C. office of the McNair Law Firm. She previously was with Sinkler & Boyd, which is headquartered in Charleston, S.C. She worked for the South Carolina House Committee on Medical, Military, Public and Municipal Affairs, and she served with the state Department of Social Services. She began her career as a teacher. She holds a B.S. and M.Ed. from the University of Georgia and a law degree from the University of South Carolina.

Adler, a former CPSCer, advised the Obama transition team on commission matters. A lawyer, he worked at CPSC from 1973 to 1984 in commissioners’ offices. After that, he served on the staff of the then-named Health and Environment Subcommittee of the House Energy and Commerce Committee. Before joining CPSC in the 1970s, he was a deputy attorney general in the Pennsylvania Justice Department. He is a professor of legal studies and the University of North Carolina’s Kenan-Flager Business School. He has served on the board of Consumers Union. He has an A.B. from the University of Pennsylvania and a law degree from the University of Michigan.

The fifth commissioner will be a Republican under the CPSA, which requires that no more than three members come from the same party. Thus, a five-member panel will be split three-to-two to account for the two major parties.

Obama stated in the White House press release,

“It is a top priority of my administration to ensure that the products the American people depend on are safe. We must do more to protect the American public – especially our nation’s children – from being harmed by unsafe products. I am confident that Inez and Bob have the commitment and expertise necessary to fill these roles and raise the standard of safety. To ensure these goals are met, I will also increase the number of Commissioners at the CPSC. I am confident this new leadership at the CPSC will revitalize the agency and achieve the high standard of product safety that the American people deserve.”

Acting Chairman Nancy Nord: “I welcome the President’s announcement today of his intent to nominate Inez Moore Tenenbaum as Chairman and Robert Adler as Commissioner … An increased number of commissioners will provide the American consumer with decisions based upon a broader range of viewpoints and insights. I look forward to continuing to work with Commissioner Moore and am sure the expertise and experience of our soon-to-be colleagues will enhance our ongoing efforts to protect American families.”

Commissioner Thomas Moore: He did not issue an official statement, but a staffer told PSL that the office is happy to see two names, and if they are confirmed, it will look forward to working with them.

Sen. Jim DeMint (R-S.C.): “I spoke with Inez this morning and congratulated her on her selection by the President to head the Consumer Product Safety Commission. I told her she had my full support and I offered to shepherd her nomination through the Commerce Committee. Inez is a very capable person and I know she will do a great job. I look forward to working with her to improve product safety while ensuring that the government does not unnecessarily burden small businesses and unintentionally destroy jobs.” DeMint won his 2004 Senate race against Tenenbaum and has been an outspoken critic of the CPSIA, including offering a bill to amend it (PSL, 2/9/09, p. 6).

Kids In Danger: Nancy Cowles told PSL, “Kids In Danger is thrilled to see nominations for not only the Chair of the CPSC, but for one of the vacant commissioner spots. We look forward to meeting with the nominee for Chair, Inez Tenenbaum, and sharing our priorities for children’s product safety. KID has worked with Bob Adler for years and looks forward to continuing to build that relationship as he takes on his new role. New leadership at CPSC now allows us to fully implement the landmark [CPSIA].”

Safe Kids Worldwide: Alan Korn praised the selection of Adler, saying he knows “quite a bit about CPSC and how it works” and suggested he likely knows much about the CPSIA. Korn said such knowledge is important because the law will continue to be a “topic of great importance” and that the chairman and commissioners will need to spend much time on implementation. As for Tenenbaum, Korn said that his organization does not know her but will be watching the confirmation process closely. He also signaled a willingness to meet with her to explain what Safe Kids sees as important in product safety.

National Association of Manufacturers: “The NAM commends President Obama’s nominations of Inez Moore Tenenbaum to chair the CPSC and Robert S. Adler as a new Commissioner and welcomes the President’s proposals to increase the agency’s budget. Manufacturers encourage swift action on the nominations so the CPSC can sharpen its focus on improving safety and protecting children. The first order of business should be to fix the problems with the Consumer Product Safety Improvement Act (CPSIA). The new law’s overly-broad reach is causing unintended harm to consumers and businesses alike and has jeopardized the agency’s ability to meet critical safety priorities.”

Consumers Union: Ellen Bloom stated, “The President’s two choices for the Consumer Product Safety Commission are exciting. We’re confident that the CPSC will now operate as a top-notch agency that will ensure safer toys, cribs and other products on store shelves and in our homes. Inez Tenenbaum’s political savvy and leadership skills make us optimistic that the sweeping product safety law enacted last year will be implemented fairly and effectively. Bob Adler knows his way around the CPSC, having spent almost a decade working there.”

Rep. Henry Waxman (R-Calif.): “Inez Moore Tenenbaum has a long record of public service in the state of South Carolina and will bring integrity, commitment, and skill to the Chairmanship. I have known Bob Adler for many years, and he will be a great asset to the Commission, drawing on his years of experience in protecting consumers and his extensive familiarity with the Commission's operations. I have great confidence in both nominees … Once Ms. Tenenbaum is confirmed, Chairman [Bobby] Rush and I look forward to having her testify before the Committee regarding the challenges facing the Commission.” Waxman chairs the House Energy and Commerce Committee. The Senate confirms nominees.

Rep. Bobby Rush (D-Ill.): “I am very pleased with the caliber of nominees that President Obama has made to lead what I believe will be an aggressive effort to revitalize and strengthen this important federal agency … I believe, strongly, in the commitment of those dedicated men and women at the CPSC who wake up each day with the goal of doing right by the American people. Today's move … is a welcome shot in the arm for a beleaguered agency that our nation relies on to … serve as the first line of defense in keeping hazardous products out of the hands of children and unsuspecting families.” Rush chairs the House Energy and Commerce Committee’s Commerce, Trade and Consumer Protection Subcommittee.

Public Citizen: David Arkush said, “We are hopeful that Ms. Tenenbaum will use her demonstrated leadership experience to ensure that the new law is fully and completely implemented … Mr. Adler is also a critical step forward … Mr. Adler brings to the commission more than just an additional vote; he is a recognized expert on product safety who has substantial experience with [CPSC].”

U.S. PIRG: Elizabeth Hitchcock stated, “We are very pleased that the President is … installing new leadership … For too long, the CPSC has been a little agency with a very big job. Last summer, Congress gave the CPSC more money, more people and more tools to protect our children from dangerous products. We hope that the new leadership will use those resources effectively.”

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