June 16, 2009

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By Product Safety Letter staff

Sen. Mark Pryor (D-Ark.), who chaired Inez Tenenbaum’s June 16 hearing before the Senate Commerce Committee, told those assembled that the committee was asking for Senators’ questions by the end of the day – 6 pm – to speed her confirmation to be CPSC chairman. Senators often get as much as a few weeks to ask questions after a nominee’s hearing. Tenenbaum appears to face virtually no opposition.

TENENBAUM CONFIRMED The Senate June 19 by voice vote confirmed Inez Tenenbaum to be CPSC Chairman.

Pryor – chairman of the committee’s Consumer Protection, Product Safety and Insurance Subcommittee – was sitting in for Sen. Jay Rockefeller (D-W.V.), who chairs the full committee.

Questions from Senators (archived Senate webcast) included the hot news topics of CPSIA implementation and Chinese drywall. She also returned frequently to the need to work closely with other government entities to leverage CPSC resources.

To many of the CPSIA implementation questions, Tenenbaum repeated that she believes the key to settling much of the confusion and consternation is to get regulations promulgated and guidances issued. That way, companies will know what they are dealing with and can address that rather than the unknown. She also expressed a desire to apply “common sense” to the law, a phrase picked up and repeated numerous times by Senators of both parties. She joined Acting CPSC Chairman Thomas Moore in his assertion (PSL, 3/30/09, p. 1) that it would be premature to make recommendations to Congress about tweaking the law before a full commission is in place and has voted on any suggestions.

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As for drywall, the issue still is under research by numerous agencies, including CPSC, EPA and CDC (a status decried by numerous Senators). However, Tenenbaum did commit to meet with relevant CPSC staff when she gets to the agency to learn a timeline for activities and to get back to the Committee with more details.

Tenenbaum numerous times also stressed the need for good communication and relationships with other government entities, be they Congress, other federal agencies, foreign governments or state agencies. About other federal agencies – especially on the drywall issue specifically and on Chinese products in general – she spoke of the “need to coordinate not duplicate efforts.”

Below are highlights from her prepared statement (full text). Topics included speeding CPSIA implementation, communicating well with Congress, establishing the public incident database authorized by the CPSIA, and dealing with unsafe imports.

"…Consistent with the President Obama’s approach to governance, if confirmed as Chairman, I will ensure that the Commission is operated in an open, transparent, and collaborative way and in a manner worthy of the American people. As the new Chairman, I will reassure America’s families that their government can and will protect them from unknown or unforeseen dangers in the products they use. While emphasizing the life-saving mission of the Commission, I will also ensure that industry knows that their views will be heard and considered.

I want to assure you that as Chairman of the Consumer Product Safety Commission, I will be a partner with all of you in protecting the lives and health of our citizens.

My life’s mission has been enhancing the quality of life for children and families in South Carolina. This mission has remained constant although I have worked in different venues and on many issues affecting the safety, health, and well being of the children and families of my state. Indeed, my public service will be the foundation for my work protecting and working for the American people—alongside all of you…

… I believe that my work as a child advocate, an educator, an environmental lawyer, and a public servant has prepared me well to chair the Consumer Product Safety Commission. And I am well aware that I would assume the chairmanship of an agency that is faced with challenges.

Speed CPSIA Implementation

Some of these challenges include implementing in a timely manner the Consumer Product Safety Improvement Act of 2008, ensuring the safety of the surge of imports from countries that do not adequately regulate the safety of their manufactured goods, and accrediting a worldwide network of third-party laboratories to certify the safety of consumer goods globally.

Communicate with Congress

If confirmed, I will make the implementation of the Consumer Product Safety Improvement Act of 2008 my highest priority. I pledge to regularly inform this committee and Congress about our progress, and to work with you in an effort to meet the statutory deadlines and avoid unnecessary delays.

Create CPSIA Database

Regular and timely public communication is critical to keeping the public informed about consumer product safety. The Act recognizes this by requiring the Commission to establish a publicly available, searchable, internet-accessible Consumer Product Safety Database that will allow consumers the opportunity to provide the Commission with information on possible defective products. As I understand it, the National Highway Traffic Safety Administration already has a similar model database on automobile safety that is accessible through its website. If confirmed as Chairman of the Commission, I will oversee the implementation of this database to make certain that it is created in a timely fashion and is easily accessible by the public.

Deal with Imports

Accrediting a worldwide network of third-party laboratories responsible for certifying that a children’s product complies with U.S. safety standards will increase the enforcement abilities of the Commission. When the CPSC began operations in 1973, most consumer products were manufactured in the United States. From 1997 to 2007, imports increased over 200 percent and currently two-thirds of all U.S. consumer product recalls are of imported products. The vast majority of the recalled imports are from China. Through accreditation and continually monitoring third-party laboratories, the CPSC can significantly increase surveillance of imported products.

In addition, through additional funding appropriated by Congress and the passage of the Consumer Product Safety Improvement Act, more resources are now available to monitor the certification of imports, hire more inspectors at the ports, and work collaboratively with the Customs Service on dangerous imports. I am also optimistic that the CPSC can increase the number of memorandum of agreements with countries that send imports to the United States and provide more training for domestic and foreign manufactures to guarantee compliance with the Commission’s rules and regulations.

In closing, I want to assure you as Chairman of the Consumer Product Safety Commission, I will be a partner with all of you in protecting the lives and health of our citizens. I want to work with you to improve the operations of the Commission and to ensure that both our domestic and foreign manufacturers are fully informed on how to meet the requirements of the Consumer Product Safety Improvement Act and other statutes enforced by the Commission. If confirmed, I commit to you that under my leadership the Commission will operate in an open, fair, and evenhanded manner and will invite participation by the public, consumer advocacy organizations, and industry..."