[Senate Hearing 111-446]
[From the U.S. Government Publishing Office]
S. Hrg. 111-446
NOMINATION OF INEZ M. TENENBAUM TO BE
CHAIRMAN AND COMMISSIONER FOR THE
CONSUMER PRODUCT SAFETY COMMISSION
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED ELEVENTH CONGRESS
FIRST SESSION
__________
JUNE 16, 2009
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED ELEVENTH CONGRESS
FIRST SESSION
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas,
JOHN F. KERRY, Massachusetts Ranking
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California JOHN ENSIGN, Nevada
BILL NELSON, Florida JIM DeMINT, South Carolina
MARIA CANTWELL, Washington JOHN THUNE, South Dakota
FRANK R. LAUTENBERG, New Jersey ROGER F. WICKER, Mississippi
MARK PRYOR, Arkansas JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota SAM BROWNBACK, Kansas
TOM UDALL, New Mexico MEL MARTINEZ, Florida
MARK WARNER, Virginia MIKE JOHANNS, Nebraska
MARK BEGICH, Alaska
Ellen L. Doneski, Chief of Staff
James Reid, Deputy Chief of Staff
Bruce H. Andrews, General Counsel
Christine D. Kurth, Republican Staff Director and General Counsel
Brian M. Hendricks, Republican Chief Counsel
C O N T E N T S
----------
Page
Hearing held on June 16, 2009.................................... 1
Statement of Senator Pryor....................................... 1
Statement of Senator DeMint...................................... 3
Statement of Senator Hutchison................................... 24
Statement of Senator Lautenberg.................................. 26
Prepared statement........................................... 28
Statement of Senator Boxer....................................... 29
Statement of Senator Warner...................................... 30
Statement of Senator Isakson..................................... 33
Statement of Senator Klobuchar................................... 34
Statement of Senator Vitter...................................... 36
Statement of Senator Cantwell.................................... 39
Statement of Senator McCaskill................................... 41
Witnesses
Hon. Lindsey Graham, U.S. Senator from South Carolina............ 2
Inez M. Tenenbaum, Chairman/Commissioner-Designate, U.S. Consumer
Product Safety Commission...................................... 4
Prepared statement........................................... 5
Biographical information..................................... 7
Appendix
Hon. John Thune, U.S. Senator from South Dakota, prepared
statement...................................................... 45
Response to written questions submitted to Inez M. Tenenbaum by:
Hon. John D. Rockefeller IV on behalf of Hon. Chris Dodd..... 45
Hon. Frank R. Lautenberg..................................... 46
Hon. Mark L. Pryor........................................... 46
Hon. Tom Udall............................................... 47
Hon. Mark Warner............................................. 48
Hon. Olympia J. Snowe........................................ 49
Hon. John Thune.............................................. 50
Hon. Roger Wicker............................................ 51
Hon. David Vitter............................................ 52
NOMINATION OF INEZ M. TENENBAUM TO BE CHAIRMAN AND COMMISSIONER FOR THE
CONSUMER PRODUCT SAFETY COMMISSION
----------
TUESDAY, JUNE 16, 2009
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 10:36 a.m. in
room SR-253, Russell Senate Office Building, Hon. Mark L.
Pryor, presiding.
OPENING STATEMENT OF HON. MARK L. PRYOR,
U.S. SENATOR FROM ARIZONA
Senator Pryor. I'll go ahead and call us to order, here. I
want to thank Ms. Tenenbaum for being here, and I also want to
thank Senator Rockefeller for asking me to chair this today.
We are on a relatively tight timeframe because we have a
vote scheduled on the Senate floor at 11:45 a.m., so what I'd
propose, with my colleagues' indulgence, is that I'll do a very
brief opening statement. Senator Hutchison is on her way, but
she wanted me to go ahead and start. If she wants to do an
opening statement, that'd be great, and then I'll introduce our
introducers, and then we'll let the nominee speak. And then
we'll try to keep our questions to 5 minutes, if at all
possible, because we'll try to move through these.
We understand there are several Senators on the way, but
they've encouraged me to get started, given our timeframe this
morning.
I'm very delighted to have Ms. Tenenbaum here. She is a
real breath of fresh air. I'm glad that the White House saw fit
to nominate her. I knew that we were in pretty good shape when,
the day she was announced, we had several consumer groups, as
well as several business groups, come out in support of her.
She also has the encouragement and support of her two home-
State Senators, and we all know--on this Committee, we
understand the trials and tribulations of the CPSC over the
last few years. I think--just in layman's terms, what has
happened is, the CPSC has had its budget cut, and its resources
dwindled as its challenges have increased. And when we saw this
huge influx of products that were manufactured overseas, most
notably China, but from a lot of places overseas, the CPSC
just, quite frankly, was not able to keep pace with that and
was overwhelmed.
We've been working on this over the last couple years in
this Committee. We were able to pass a bill last year. It
passed overwhelmingly, went through both houses, and went
through conference. Unfortunately, since that bill was passed,
there has been a lot of controversy about the implementation of
that. And so, most of that's been resolved at this point. There
are still a few outstanding issues.
So, Ms. Tenenbaum, assuming that she is confirmed, which I
don't think there's any question about that at this point,
based on what I know, she will inherit a lot of things that she
has to get in order, and things to fix, and we are very
delighted that you're here.
So, until Senator Hutchison gets here, if I may, what I may
do is introduce Senator Lindsey Graham of South Carolina for a
statement.
Welcome to the Committee.
STATEMENT OF HON. LINDSEY GRAHAM,
U.S. SENATOR FROM SOUTH CAROLINA
Senator Graham. Well, thank you, Mr. Chairman, I'm honored
to be here.
It's a big honor for all of the people in South Carolina to
have Inez nominated for such an important job. And I call her
``Inez'' because everybody that knows her feels very
comfortable with her as a person. She is an enormously talented
person. I'd like to thank President Obama for nominating her.
As you indicated, this is an area where you can make news
quickly. The Chairman of the Consumer Product Safety Commission
really holds a public trust, and I can assure you that the
American consumer and their families are going to be in good
hands with Inez at the helm of this very important public-
safety institution.
She has a background that is just, I think, perfect for the
job. She was our Superintendent of Education from 1996--excuse
me, from 1998 to 2007. We had the fastest advancement of any
State in the Nation, in terms of national testing among our
student population, and that was a real desire of hers, to make
sure that our students improved. And they did. And at the end
of her tenure, our State was recognized as having the most
rigorous academic standards, assessment, and accountability
system in the Nation. And I think that's important for this
job.
You know, in education you can devise a test for the
teachers, or for the students, and a lot of people, you know,
make sure that everybody does well on the test. Inez took a
different path. She produced, I think, the most challenging
test in the Nation to evaluate our students, and the goal is to
bring out the best in the students of South Carolina. And she's
going to do the same thing here.
Rigor will be applied to the products coming online that
will be put into the free market, and I just could not think of
a better person with the executive experience. She has been a
tireless advocate for children all of her life. She's an
environmental lawyer. She has dealt with toxic-waste issues.
She has, like I say, been around politics most of my life, and
is the type of person that--Sam's life too--she's the type of
person that everybody, whether you agree with her or not,
respects, and this is a job where the American consumer needs
to understand that they have somebody on their side.
The only blemish on her record I can see is that she has a
Bachelor of Science and a Master's from the University of
Georgia. But----
[Laughter.]
Senator Graham.--a Law Degree from South Carolina kind of
neutralized that.
But, all joking aside, I remember what last year was like,
what this Committee went through, and Inez Tenenbaum has the
exact experience we need and, more than anything else, the
heart for what we need here. She will look out for the American
public, and she will give the American people the leadership
they deserve. And this organization that protects us all will
be in good hands. And I recommend her to this Committee.
And on behalf of all South Carolinians, thank you for
holding this hearing so quickly. I look forward to having her
confirmed soon.
Senator Pryor. Thank you, Senator Graham.
Senator DeMint?
STATEMENT OF STATEMENT OF HON. JIM DeMINT,
U.S. SENATOR FROM SOUTH CAROLINA
Senator DeMint. Thank you, Mr. Chairman. And I, too, thank
you for expediting this hearing.
My only reservation in endorsing Inez is that that
endorsement might hurt her with this Committee, so I hope
that----
[Laughter.]
Senator DeMint.--I hope that you'll overlook that.
We are very proud that she is representing South Carolina.
She has been an advocate for children. She has practiced
environmental law, and public-interest law. She is a serious
nominee for this position, who has dealt with all of the issues
in a large, controversial, public agency in South Carolina, and
did that with professionalism and style.
And, as some of you know, she and I were in a hard-fought
race for the Senate in 2004, and I was very excited to hear
about the nomination. And my support means that I hope she
won't run against me again.
[Laughter.]
Senator DeMint. But, we are delighted, and I know this
Committee has had a chance to meet her. There's absolutely no
reason that we can't move her through in a hurry, and put her
at the helm of this agency, which as the Chairman has pointed
out, has a lot of challenges. We have increased the budget
significantly. There'll be a lot of people hired. And there's
probably no one better qualified to manage all of this than
Inez Tenenbaum.
So, I definitely support her, and look forward to her
confirmation.
Senator Pryor. Thank you, Senator DeMint. And we understand
that, at some point, you may join us here on the Committee.
Senator DeMint. Right.
Senator Pryor. We'd love to have that.
Senator Graham, you're certainly welcome to stick around,
but we understand you have a very heavy schedule.
Senator Hutchison has joined us.
Would you like to say anything before we turn it over to
our one and only witness today?
Senator Hutchison. No, Mr. Chairman, I'd like to hear from
her, and then I will incorporate my opening statement into my
questions.
Thank you very much.
Senator Pryor. Thank you.
Inez Tenenbaum, you come very highly recommended. We
appreciate your interest in public service and your willingness
to take on this agency and all its very, very important tasks
and responsibilities. And we would be delighted to hear your
opening statement.
STATEMENT OF INEZ M. TENENBAUM
CHAIRMAN/COMMISSIONER-DESIGNATE
U.S. CONSUMER PRODUCT SAFETY COMMISSION
Ms. Tenenbaum. Good morning, Mr. Chairman, Ranking Member
Hutchison, and Members of the Senate Commerce, Science, and
Transportation Committee.
First of all, I want to say thank you to my two Senators,
Jim DeMint and Lindsey Graham. It's an honor to have both of
the Senators from my State support me, and I appreciate so much
your being willing to step forward and endorse me to this
Committee.
And I'm honored by President Barack Obama's nomination of
me to serve as the Chairman of the United States Consumer
Product Safety Commission. I thank the President for this
tremendous opportunity, and if confirmed by the Senate, I will
do my utmost to ensure the safety and the well-being of
America's children and families.
I want to introduce my husband, Samuel. He and I have just
celebrated our 25th wedding anniversary. And I thank him for
his support and his encouragement during this nomination
process.
Both Samuel and I were raised in Georgia. He is from
Savannah, and I am from a small town called Pineview. My
mother, Bernice Rhodes Moore, was an elementary schoolteacher,
and my father, William Robert Moore, had a career in the United
States Navy.
Consistent with President Obama's approach to governance,
if confirmed as Chairman, I will ensure that the Commission is
operated in an open, transparent, and a 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 and unforeseeable dangers in
the products that they use. While emphasizing the lifesaving
mission of the Commission, I will also ensure that industry
knows that their views will be heard and seriously considered.
I want to assure you that if I'm confirmed as the Chairman
of the Consumer Product Safety Commission, I will be a partner
with all of you in protecting the lives and the health of the
children in our country.
My life's mission has been enhancing the quality of life
for children and families in South Carolina. This mission has
remained constant, though I've worked in different venues and
on many different issues affecting the safety, the health, and
the well-being of the children in my state.
From 1999 to 2007, I served as South Carolina's State
Superintendent of Education, and directed and managed a State
agency of nearly 1,000 employees. The Department of Education
was a partner with the State's 85 school districts in
implementing legislation and policy that was passed by the
South Carolina General Assembly. Prior to being elected State
Superintendent of Education, I worked in various capacities: an
advocate for children and families, a public schoolteacher,
licensing Head Starts, research director of a legislative
committee, and an attorney in a private practice.
As an attorney, I practiced in the area of health,
environmental law, and public safety. During this time, I
served as the Chairman of the Environmental and Natural
Resources section of the South Carolina Bar.
Before going into private practice, I was the director of a
committee of the South Carolina House of Representatives, and,
interestingly enough, that committee reported out the first
South Carolina Lead Poisoning Prevention and Control Act. The
Committee also passed the Drug Product Selection Act, the
Hazardous Waste Management Act, and had responsibility for
issues relating to public health and safety.
I'm well aware that, if confirmed by the Senate, that I
would assume the Chairmanship of an agency that is faced with
many challenges. And I want to ensure you that I will work
collaboratively with the other commissioners at the Commission,
as well as with you, to ensure that the Consumer Product Safety
Improvement Act of 2008 is implemented in a timely and
effective manner.
Those conclude my remarks this morning, Mr. Chairman. If
confirmed, I will work with you in a full partnership to
implement the laws that you pass, and I thank you for your
attention today and for your full and fair consideration of my
nomination. I would be happy to answer any questions.
Thank you.
[The prepared statement and biographical information of Ms.
Tenenbaum follows:]
Prepared Statement of Inez M. Tenenbaum, Chairman/Commissioner-
Designate, U.S. Consumer Product Safety Commission
Good afternoon, Mr. Chairman, Ranking Member Hutchison, and Members
of the Senate Commerce, Science, and Transportation Committee.
I am honored by President Barack Obama's nomination of me to serve
as Chairman of the United States Consumer Product Safety Commission. I
thank the President for this tremendous opportunity and, if confirmed
by the Senate, I will do my utmost to ensure the safety and well being
of America's children and families.
I want to introduce to you my husband, Samuel. He and I recently
celebrated our twenty-fifth wedding anniversary, and I thank him for
his support and encouragement during this nomination process.
Both Samuel and I were born and raised in Georgia--he in Savannah
and I in a small, rural town called Pineview. My mother, Bernice Rhodes
Moore, was an elementary school teacher and my father, William Robert
Moore, had a career in the United States Navy.
Consistent with 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 the
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.
My first employment in South Carolina was with the State Department
of Social Services, after I had taught elementary school for several
years in my native state of Georgia. My responsibilities at the State
Department of Social Services involved licensing Head Start and other
federally-funded childcare centers to ensure that the facilities
protected the health and safety of children. I also represented the
State Department of Social Services before committees in the South
Carolina General Assembly to advocate for the passage of new
legislation to increase the health, safety, and fire standards for
childcare facilities and family and group childcare homes.
I then worked as the Director of Research for the Medical,
Military, Public and Municipal Affairs Committee of the South Carolina
House of Representatives. This Committee was responsible for developing
legislation and approving regulations relating to health, human
services, the environment, children and youth services, mental health,
mental retardation, adult and juvenile correctional facilities, local
government, and the state's National Guard.
It was through my work for this Committee that I first became
knowledgeable about consumer advocacy and safety. Examples of
legislation and regulations that I reviewed for the Committee included
the Lead Poisoning Prevention and Control Act, the Hazardous Waste
Management Act, the Pollution Control Act, and the Drug Product
Selection Act. Examples of regulatory issues reviewed annually by the
Committee included controlled substances; food products; air, water,
and soil pollution; asbestos; barrier free design; restaurant
sanitation; and pyrotechnic safety.
During my tenure as Director of Research, I also served on numerous
ad hoc committees to study issues for the General Assembly. I served on
the state's first Hazardous Waste Advisory Committee to work out issues
between the Department of Health and Environmental Control, advocates
for the environment, and the business/industry community. This work
lead to the passage of South Carolina's first hazardous waste
management regulations.
From 1986 to 1992, I practiced law with Sinkler & Boyd, P.A. and
worked in the areas of health, environmental, and public interest law.
During this time, I served as the Chair of the Environmental and
Natural Resources Section of the South Carolina Bar Association. My
work in the environmental area included the regulation of underground
storage tanks, the cleanup of property contaminated by hazardous waste,
and the potential environmental hazards associated with real estate
loans.
From 1999 to 2007, I served as South Carolina's State
Superintendent of Education and directed and managed a state agency of
nearly 1,000 employees. The agency was responsible for administering
Federal and state education programs; providing training and technical
assistance to educators in the state's public schools; certifying
teachers and other educators; approving architectural and construction
plans for school buildings; operating a statewide school and
transportation system; overseeing a statewide meals program; and
leading initiatives to maintain safe and healthy schools.
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.
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.
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.
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.
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.
Thank you for your attention today, and for your full and fair
consideration of my nomination. I would be happy to answer any
questions.
______
a. biographical information
1. Name (Include any former names or nicknames used):
Inez Moore Tenenbaum (1984-present).
Margaret Inez Moore (maiden) (1951-1971; 1975-1984).
Inez Moore Lindeman (former marriage 1971-75).
2. Position to which nominated: Chair, Consumer Product Safety
Commission.
3. Date of Nomination: June 9, 2009.
4. Address (List current place of residence and office addresses):
Residence: Information not available to the public.
Office: McNair Law Firm, PA; 1301 Gervais Street; Columbia, SC
29201.
5. Date and Place of Birth: March 8, 1951; Hawkinsville, Georgia.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Samuel Jay Tenenbaum (spouse); retired from family steel
business; no children or stepchildren.
7. List all college and graduate degrees. Provide year and school
attended.
BS, University of Georgia (1972).
MEd, University of Georgia (1974).
JD, University of South Carolina (1986).
8. List all post-undergraduate employment, and highlight all
management- level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Special counsel, McNair Law Firm, PA; Columbia, SC (7/2008-
present).
Education consultant, MetaMetrics Inc., Durham, NC (7/2007-3/
2009).
Education consultant, Southwest Educational Development
Laboratory, Austin, TX (3/2008-5/2009).
Consultant, Columbia College, Columbia, SC (2/2007-11/2007).
South Carolina State Superintendent of Education (1999-2007),
Columbia, SC.
The State Superintendent of Education is a constitutional officer
who is responsible for the daily operations of the State Department of
Education and who serves as secretary to the State Board of Education.
I directed and managed the State Department, which employed
approximately 1,000 employees, administered annual Federal and state
appropriations for education, and implemented Federal and state
statutes and regulations pertaining to education. The agency also
administers numerous statewide systems for the state's eighty-five
school districts, including student transportation and food services,
programs for safe and healthy schools, selection and distribution of
textbooks and instructional materials, creation and establishment of
academic standards, assessment of student achievement, educator
certification and professional development, data collection and
analysis, and education research.
President and Founder, SC Center for Family Policy, 911 Lady
Street, Columbia, SC (1992-1993; 1994-1997).
Attorney, Sinkler & Boyd, P.A. (1986-92) Columbia, SC.
I practiced in the areas of environmental, health, and public
interest law and served as Chair of the Environmental and Natural
Resources Section of the South Carolina Bar.
Law Clerk, McNair Law Firm, (1/1984-8/1984).
Director of Research and Administration for the Medical,
Military, Public, and Municipal Affairs Committee; South
Carolina House of Representatives (1977-83).
I directed research and committee operations. The committee was
responsible for issues relating to public health and safety, the
environment, aging, human services, juvenile justice, child welfare,
mental health, mental retardation, social services, adult correctional
facilities, foster care, local government, and the state guard. I also
served on several ad hoc committees during this time, including the
committee that developed the state's first hazardous waste management
and disposal regulations.
Licensing Specialist, Office of Child Development, South
Carolina Department of Social Services (1975-77); Columbia, SC.
I licensed Head Start Centers and federally-fiinded child care
centers and served as legislative liaison to the South Carolina General
Assembly on legislation to improve conditions in child care centers and
group/family child care homes.
First Grade Teacher, John Milledge Elementary School, Augusta,
GA (1974-75).
Elementary School Teacher, Colbert Elementary School, Colbert,
GA (1972-74).
9. Attach a copy of your resume. See Attachment A.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years.
Board member, International African American Museum, 75 Calhoun
Street, Charleston, SC 29401 (2006 to May 2009) affiliated with
the City of Charleston.
Board of Trustees, University of South Carolina, Columbia, SC
29208 (1999-2007).
Board of Trustees, SC Educational Television Commission, 1001
George Rogers Boulevard, Columbia, SC 29211 (1999-2007).
Board of Trustees, The Citadel, 171 Moultrie Street,
Charleston, SC 29409 (1999-2007).
Board member, South Carolina Governor's School for the Arts
Foundation, (2007 to May 2009).
Advisory Board, Dalton and Linda Floyd Family Mentoring
Program, Coastal Carolina University, Conway, SC (2008 to May
2009).
Leadership Council, Robert E. McNair Center, Francis Marion
University, Florence, SC (2008 to May 2009).
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.
Education consultant, MetaMetrics Inc., Durham, NC (7/2007-3/
2009).
Education consultant, Southwest Educational Development
Laboratory, Austin, TX (3/2008-5/2009).
Consultant, Columbia College, Columbia, SC (2/2007-11/2007).
Advisory Board, Trust of James Brown, 212 Newberry Street,
Aiken, SC 29801 (11/2007-5/2009).
Board member, Washington Street United Methodist Church
Foundation, 1401 Washington Street, Columbia, SC 29201 (1/2007-
5/2009).
Board member, State Chamber of Commerce, 1201 Main Street,
Columbia, SC 29201 (1/2005-12/2006).
Board member, Capital City Club, 1201 Main Street, Columbia, SC
29201
(1/2001-12/2008).
Board member, Allen University, 1530 Harden Street, Columbia,
SC 29204
(1/1996-1/2007).
Board member, International African American Museum, 75 Calhoun
Street, Charleston, SC 29401 (3/2007-5/2009).
Board of Trustees, University of South Carolina, Columbia, SC
29208
(1/1999-1/2007).
Board of Trustees, SC Educational Television Commission, 1001
George Rogers Boulevard, Columbia, SC 29211 (1/1999-1/2007).
Board of Trustees, The Citadel, 171 Moultrie Street,
Charleston, SC 29409 (1/1999-1/2007).
Board member, South Carolina Governor's School for the Arts
Foundation, 700 E. North Street, Suite 11, Greenville, SC 29601
(1/2007-5/2009).
National Institute for Excellence in Teaching, 1250 Fourth
Street, Santa Monica, CA (1/2007-5/2009).
Southern Regional Education Board, 592 10th Street NW, Atlanta,
GA 30318 (2/1999-5/2009).
Advisory Board, Dalton and Linda Floyd Family Mentoring
Program, Coastal Carolina University, Conway, SC (1/2008-5/
2009).
Advisory Board for Columbia, South Carolina. Knight Foundation,
200 S. Biscayne Blvd., Miami, FL (1/2008-5/2009).
Leadership Council, Robert E. McNair Center, Francis Marion
University, Florence, SC (6/2008-5/2009).
Cliff Ridge Colony Homeowners Association Activity Committee,
104 Cliff Ridge Drive, Cleveland, SC 29635 (5/2007-5/2009).
Cliff Ridge Colony Homeowners Association Architectural Review
Committee, 104 Cliff Ridge Drive, Cleveland, SC 29635 (5/2008-
5/2009).
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
Member, Capital City Club, 1201 Main Street, Columbia, SC 29201
(1988 to present).
Member, Summit Club, 1301 Gervais Street, 20th FL, Columbia, SC
29201 (1984 to present).
Member, the Council of Chief State School Officers, Washington,
D.C. (1999-2007).
Member, South Carolina Bar Association, member since November
1986.
Member, United States District Court, District of South
Carolina, member since January 1987.
Member, United States Court of Appeals for the Fourth Circuit,
since January 1987.
Member, South Carolina Women Lawyers Association--joined in
1994.
Board member, Washington Street United Methodist Church
Foundation, 1401 Washington Street, Columbia, SC 29201 (2007 to
May 2009).
Member, Washington Street United Methodist Church, 1401
Washington Street, Columbia, SC 29201--joined 1976.
Life Member, Hadassah. (I have been a life time member for over
10 years, but cannot say with certainty the year that I
joined.)
Life member, University of Georgia Alumni Association, 2007 to
present.
Member, University of South Carolina Alumni Association, 1986
to present.
Member, South Carolina Association of School Administrators,
(1999-2007).
Junior League of Columbia Community Advisory Board (2002-2004).
Member, South Carolina Democratic Party, 1976 to present.
The United Methodist Church generally expects members to accept the
religious precepts of the church, but otherwise none of these
organizations restricts membership on the basis of sex, race, color,
religion, national origin, age, or handicap.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
1994--Candidate for SC Lt. Governor in Democratic Primary. No
outstanding debt.
1998--Candidate for and elected to be SC State Superintendent
of Education. No outstanding debt.
2002--Candidate for and elected to be SC State Superintendent
of Education. No outstanding debt.
2004--Candidate for U.S. Senate. No outstanding debt.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.
See Attachment B for a list of political contributions and services
rendered to campaigns as a volunteer.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Honorary Degrees
Doctor of Humane Letters, Lander University, 2007.
Doctor of Laws, South Carolina State University, 2005.
Doctor of Laws, Newberry College, 2004.
Doctor of Humanities, Francis Marion University, 2003.
Doctor of Humane Letters, Southern Wesleyan University, 2003.
Doctor of Humane Letters, Winthrop University, 2003.
Doctor of Education, The Citadel, 2002.
Doctor of Humanities, Furman University, 2002.
Doctor of Laws, Columbia College, 2001.
Awards and Recognition
Israel's Star of David Award, Israel Bonds, 2009.
Community Service Award, Cooperative Ministries, 2008.
Honorary Member, Order of the Coif, South Carolina University
School of Law, 2008.
Woman of Achievement Award, South Carolina Commission on Women,
2007.
Order of the Palmetto presented by Governor Mark Sanford, 2006.
Richard Young Award for Education, Allen University, 2006.
J. Waites Waring Humanitarian Award, United Black Fund of the
Midlands, 2005.
Distinguished Public Service Award, Delta Kappa Gamma Society
International, Alpha Eta State, 2005.
Award of Achievement, Spartanburg Technical College, Women's
History Month, 2005.
Program Partnership Award, South Carolina Vocational
Rehabilitation Association, 2004.
Friend of Gifted Education, South Carolina Council of Gifted
Education, 2003.
Distinguished Service Award, Greater Columbia Community
Relations Council, 2002.
Citation for Vision and Commitment to Educational Excellence,
South Carolina Governor's School for the Arts and Humanities,
2002.
Whitney M. Young Award, Boy Scouts of America, Indian Waters
Council, 2001.
Distinguished Alumni Award, North Carolina Center for Creative
Leadership, 2001.
Compleat Lawyer Award, University of South Carolina School of
Law, 2000.
Partner in Progress Award, Southern Association of Colleges and
Schools, 2000.
Friend of Reading, South Carolina Reading Recovery Association,
1999.
Woman of Distinction, Congaree Girl Scouts, 1999.
John Bolt Culbertson Civil Libertarian of the Year Award,
American Civil Liberties Union, 1989.
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
2008
Inez Tenenbaum, Tunky Riley's Quiet Leadership, The State,
March 15, 2008, at A11.
2007
Inez Tenenbaum and Barbara S. Neilson, Presidential Candidates
Must Address Education, The State, May 1, 2007, at A7.
Inez Tenenbaum, A legacy of joy, honor, and accomplishment as
your State Superintendent. South Carolina Department of
Education Website.
See http://ed.sc.gov/agency/superintendent/former/inez/
messages/index.html for other messages from Inez Tenenbaum from
2005-2007.
2006
Inez Tenenbaum, Dedication, Hard Work Needed to Continue School
Improvements, article sent to South Carolina newspapers, 2006.
Inez Tenenbaum, Preparing Students to Compete in a Global
Economy, article sent to South Carolina newspapers, 2006.
Inez Tenenbaum, Improving Graduation Rate a Top Priority,
article sent to South Carolina newspapers, 2006.
Inez Tenenbaum, The State of Education: Commitment. We Must
Keep Building on Our Successes, Spartanburg Herald-Journal,
April 9, 2006, at A13.
Inez Tenenbaum, Diploma Deficiency: An Essential Priority:
State is Committed to Strategies to Raise Graduation Rate,
Spartanburg Herald-Journal, August 13, 2006, at A13.
Inez Tenenbaum, School Report Card Results Should be a Call to
Action for South Carolina, The Rock Hill Herald, November 18,
2006, at 5A.
Inez Tenenbaum, Many Things to Appreciate in House Budget, S.C.
Dept. of Education Website, Message from Inez Tenenbaum, March
30, 2006.
Inez Tenenbaum, Education Oversight Committee Calls for
Expanded 4K Programs, S.C. Dept. of Education Website, Message
from Inez Tenenbaum, March 17, 2006.
Inez Tenenbaum, Year Ends With Accolades for Performance,
Standards, S.C. Dept. of Education Website, Message from Inez
Tenenbaum, June 20, 2006.
Inez Tenenbaum, The Challenge of Our High Standards, The State,
November 19, 2006, at D3.
2005
Inez Tenenbaum, Already Successful Palmetto Achievement
Challenge Test (PACT), The State, June 24, 2005 at A11.
Inez Tenenbaum, South Carolina Leading the Nation in Education
Improvements, sent to South Carolina newspapers, 2005.
Inez Tenenbaum, Defeat for Voucher Plan a Boost for Public
Education, sent to South Carolina newspapers, 2005.
Inez Tenenbaum, Childhood Health and Academics Closely Aligned,
Palmetto Health publication, 2005.
Inez Tenenbaum, Schools that Receive Public Funds Should be
Accountable to the Public for Producing Results, sent to South
Carolina newspapers, 2005.
Inez Tenenbaum, Making the PACT [Palmetto Achievement Challenge
Test] System More Useful, SC Department of Education Website, A
Message to Educators from Inez Tenenbaum, May 26, 2005.
Inez Tenenbaum, State of the Schools 2005--An Open Letter to
the People of South Carolina, June 2005.
Inez Tenenbaum, Private School Vouchers Threaten South
Carolina's Education Progress, SC Dept. of Education Website, A
Message to Educators from Inez Tenenbaum, March 9, 2005.
Inez Tenenbaum, Misleading Tactics Employed by Tax Credit
Advocates, Bluffton Today, May 9, 2005, at 13.
Inez Tenenbaum, ``Bump in the Road'' No Reason to Abandon
Accountability, sent to South Carolina Friends of Education,
November 10, 2005.
Inez Tenenbaum, SAT Scores Confirm: South Carolina Should Stay
the Course in Education, article sent to South Carolina
newspapers, 2005.
Inez Tenenbaum, Downplaying School Improvements Will Never Lead
the Way to Success, article sent to South Carolina newspapers,
2005.
2004
Inez Tenenbaum, Relief Tax Cuts for our Middle Class, Trade Are
Key Elements, Spartanburg Herald-Journal, October 10, 2004, at
A13.
Inez Tenenbaum, SAT Dip Can't Tarnish Improvement, Carolina
Morning News, September 2, 2004, at 2.
Inez Tenenbaum, Middle Class Needs to be Protected, The State,
August 22, 2004, at D3.
Inez Tenenbaum, Washington Must Develop Some New Incentives to
Create Jobs Here at Home, Spartanburg Herald-Journal, May 30,
2004, at A13.
Inez Tenenbaum, Discipline on Trade Needed to Protect South
Carolina Jobs, The State, May 11, 2004, at A9.
Inez Tenenbaum, Put American Jobs First, Charlotte Observer,
February 29, 2004, at 6Y.
Inez Tenenbaum, Year of School Improvements Despite Drain on
Resources, Carolina Morning News, January 7, 2004, at 2.
Inez Tenenbaum, South Carolina Tackles Truancy, Carolina Youth
Alliance publication, Spring/Summer 2004, at 4.
Inez Tenenbaum, A Cleaner South Carolina Should Start in the
Classroom, sent to South Carolina newspapers, 2004.
2003
Inez Tenenbaum, 3-Point SAT Dip Can't Tarnish 32-point
Improvement by Students and Teachers, article sent to South
Carolina newspapers, 2003.
Inez Tenenbaum, Wide Disparity in Results Shows Need for
Uniform Standards, Carolina Morning News, September 28, 2003 at
2.
Inez Tenenbaum, Results Shows Needs for Uniform Standards, The
State, September 27, 2003, at A11.
Inez Tenenbaum, Editorial Misses the Mark on State Education
System's Current Budget Crisis, The Spartanburg Herald-Journal,
April 27, 2003, at A13.
Inez Tenenbaum, Budget Cuts Put Improvements at Risk, The
Carolina Morning News, February 23, 2003, at 2.
Inez Tenenbaum, We Must Answer Our Challenges with Courage,
Palmetto Administrator magazine, February 10, 2003.
Inez Tenenbaum, National Test Scores Show Positive Trends for
South Carolina Schools, article sent to South Carolina
newspapers, 2003.
2002
Inez Tenenbaum, Reflection on First Term as State
Superintendent of Education, Palmetto Administrator magazine,
August 5, 2002.
Inez Tenenbaum, Service-Learning Teaches Academics While
Strengthening Communities, In Our Schools, a publication of the
South Carolina Department of Education, Vol. 2, No. 2, 2002
Inez Tenenbaum, Message to South Carolina Voyager Readers,
Voyager magazine, 2002.
Inez Tenenbaum, Article on South Carolina's educational
initiatives for IMPACT, Junior League of Columbia, August 20,
2002.
Inez Tenenbaum, Continuing Our Progress, The State, October 9,
2002, at A13.
Inez Tenenbaum, Article on South Carolina's school report
cards, Palmetto Administrator magazine, November 11, 2002.
Inez Tenenbaum, Article on Lander University's School of
Education, President's Report, Lander University, November
2002.
Inez Tenenbaum, Hard Work Pays Off on SAT, Carolina Morning
News, September 1, 2002, at 2.
Inez Tenenbaum, article on South Carolina's education progress,
Carolina Youth Alliance magazine, October 1, 2002.
Inez Tenenbaum, Teacher Appreciation Day is Everyday, article
sent to South Carolina newspapers, 2002.
2001
Inez Tenenbaum, School Goals High, but Attainable, The State,
December 21, 2001, at A13.
Inez Tenenbaum, Workforce Readiness Crucial to a Dynamic South
Carolina, Magazine for Competitive Manufactures in South
Carolina, September 4, 2001.
Inez Tenenbaum, Business Community's Involvement is Key to
Accountability Success, South Carolina Chamber of Commerce and
High Performance Partnerships, 2001.
Inez Tenenbaum, New School Year Brings Excitement, Challenges,
sent to South Carolina newspapers, 2001.
Inez Tenenbaum, School Year Proves that South Carolina
Education Can Improve, The State, June 3, 2001, at D3.
Inez Tenenbaum, National Report Card Provides More Evidence
that South Carolina is on the Right Path, article sent to South
Carolina newspapers, 2001.
Inez Tenenbaum, Truancy is the First Sign of Trouble, article
sent to South Carolina newspapers, March 2001.
Inez Tenenbaum, Involvement is the Key to Accountability
Success, In Our Schools, a publication by the S.C. Dept. of
Education, Vol. 1, No. 1, 2001.
Inez Tenenbaum, Teacher Pay, Buses, Truancy, and Technology Top
the List of New Budget Priorities, In Our Schools, a
publication by the S.C. Dept. of Education, Vol. 1, No. 2,
2001.
Inez Tenenbaum, Statewide Focus on School Improvement Produces
a Year of Improving Test Scores, In Our Schools, a publication
by the S.C. Dept. of Education, Vol. 1, No. 3, 2001.
2000
Inez Tenenbaum, SAT Scores Represent Latest Good News About
Schools, Carolina Morning News, September 2, 2000, at 5.
Inez Tenenbaum, Article on Truancy for the South Carolina
Center for Family Policy newsletter, October 2000.
Inez Tenenbaum, Article on the Takeover of Allendale County
Schools, Allendale County Newspaper, 2000.
Inez Tenenbaum, Attorney General Is Wrong about Sex Education
Law, sent to South Carolina newspapers, 2000.
Inez Tenenbaum, Teacher Pay, Buses, Truancy, and Technology Top
the List of New Budget Priorities, article sent to South
Carolina newspapers, 2000.
Inez Tenenbaum, Education Reform Requires Comprehensive,
Common-Sense Approach, In Our Schools, a publication by the
S.C. Depart. of Education, Vol. 1, No. 1, 2000.
1999
Inez Tenenbaum, Together, We Can Move Forward and Achieve
Excellence, article sent to South Carolina newspapers, 1999.
Inez Tenenbaum, untitled article on the essential factors
necessary for education progress, 1999.
Inez Tenenbaum, Foundation is in Place for Systemic, Measurable
Change. Article distributed by State Department of Education,
1999.
Inez Tenenbaum, This School Year Crucial as We Move into New
Century, Article distributed by State Department of Education,
1999.
Inez Tenenbaum, untitled article on parental involvement
distributed by the South Carolina Department of Education,
1999.
1997
Inez Tenenbaum, Success by Six Chair Visits White House,
Success by Six, United Way of the Midlands newsletter, March
1997.
Inez Tenenbaum, Research Underlies Importance of Early
Education for Children, The State, May 18, 1997.
1992
Inez Tenenbaum, The Prochoice Perspective. In the Beginning:
Ethical Issues Surrounding the Beginnings of Human Life.
Seminar for the Center for Ethical Development, Newberry
College, 1992 at 75. Raymond M. Bost, editor.
Inez Tenenbaum, an article on the prochoice perspective,
Candler Hospital Magazine, Savannah, Georgia, 1992.
1991
Inez Tenenbaum, Lender Liability and the `Is it Contaminated
Property' Marketplace, Seminar for the Natural Resources/Real
Estate Practices Section at Mid-year Meeting of the South
Carolina Bar, January 25, 1991, at 9.
1989
Inez Tenenbaum, Current Legal Issues in Dealing with Problem
Loans--Environmental Issues, Sinkler & Boyd, P.A. seminar for
the South Carolina Bankers Association, September 26, 1989, at
20.
Inez Tenenbaum, Poll Reveals Voters Attitudes on the Abortion
Issue, The State, December 15, 1989, at 23A.
1985
Inez Tenenbaum, Majority May Freeze Out Minority Shareholders
Provided Compensation is Adequate, Annual Survey of S.C. Law,
S.C. Law Review, Vol. 37, Autumn 1985, at 28.
Inez Tenenbaum, Use of General Obligation Bonds for Industrial
Development is Unconstitutional, Annual Survey of S.C. Law,
S.C. Law Review, Vol. 37, Autumn 1985, at 47.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony: None.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have been an advocate for children and families throughout my
career as a public school teacher, state licensing agent for Federal
child care facilities, research director of a legislative committee,
attorney, and state superintendent of education. As Director of
Research for the Medical, Military, Public, and Municipal Affairs
Committee of the South Carolina House of Representatives, I was
involved in the passage of statutes and regulations relating to public
health and safety. Examples of these issues are the South Carolina Lead
Poisoning Prevention and Control Act, the Drug Product Selection Act,
and the Hazardous Waste Management Act. The Committee had the
responsibility for approving regulations promulgated by state agencies
such as the Department of Health and Environmental Control, the Board
of Pharmaceutical Examiners, and the State Fire Marshall's office.
Examples of regulatory topics reviewed annually by the Committee
included controlled substances; milk and other food products; air,
water, and soil pollution; asbestos; barrier free design; and
pyrotechnic safety.
I have also directed and managed a large agency that has
responsibility for distributing state and Federal funds to 85 school
districts. In virtually all of my positions in both the public and
private sectors, I have been responsible for developing and enforcing
legislation, regulations, and policy relating to public health, the
environment, and the safety of children and the general public. I have
experience in administrative proceedings, regulatory compliance,
advocacy, and developing policy in the areas of public health, safety,
education, and food safety.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
If confirmed, I will consider it a top priority to ensure that the
Consumer Product Safety Commission has proper management and accounting
controls. My experience managing a state education agency that employed
approximately 1,000 employees and that had the responsibility for
administering state and Federal education programs and appropriations,
certifying educators, operating the state's student school
transportation system, overseeing the school meals programs, reviewing
and inspecting school construction plans, and coordinating initiatives
for safe and healthy schools has prepared me to manage the Commission.
Over the course of my career as a practicing attorney, staff to a state
legislative committee, and state superintendent of education, I have
significant experience with the administrative procedures, due process,
and regulatory compliance issues in both the private and public
sectors.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
The surge of imports of consumer goods from countries that do not
adequately regulate the safety of their manufactured goods, which puts
Americans at risk. The sheer volume of imports poses a challenge to the
inspection capacity of the Consumer Product Safety Commission.
The lack of resources to hire inspectors, laboratory staff, and
expand the size of the laboratory/products safety testing facilities.
This has been a challenge for the Commission as it carries out its
mandate to protect consumers. The recent increase in financial
resources for the CPSC that was supported by President Obama and
Congress will help to ameliorate these challenges.
Effectively implementing the extensive requirements of the Consumer
Product Safety Improvement Act of 2008. If confirmed, I will look
forward to working with Congress, the consumer advocacy groups, and the
business community on this effort.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
The South Carolina State Retirement System will pay $1,123.33 per
month to me when I reach 65 years of age. I also hold a 401K account
with the McNair Law firm, which I will be rolling over to a private
account if confirmed.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the CPSC's designated agency ethics
official to identify potential conflicts of interest. Any potential
conflicts of interest will be resolved in accordance with the terms of
an ethics agreement that I have entered into with the Commission's
designated agency ethics official and that has been provided to this
Committee. I am not aware of any other potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the CPSC's designated agency ethics
official to identify potential conflicts of interest. Any potential
conflicts of interest will be resolved in accordance with the terms of
an ethics agreement that I have entered into with the Commission's
designated agency ethics official and that has been provided to this
Committee. I am not aware of any other potential conflicts of interest.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
I served as a national surrogate speaker for the Obama Presidential
Campaign in 2007 and 2008 and was a member of the Campaign's Education
Policy Advisory Committee and the South Carolina Obama Steering
Committee. In these roles I was involved in speaking for the campaign
on issues and working to develop the educational policy for the Obama
Campaign.
As South Carolina's State Superintendent of Education for two terms
(1999-2007), I testified annually on the state's education budget to
education subcommittees in both the South Carolina House of
Representatives and the South Carolina Senate. If requested by the
Committee, I appeared before the House or Senate education committees
on particular legislation.
As State Superintendent, I served as secretary to the State Board
of Education, and worked with the Board on the passage of regulations
affecting public education.
6. Explain how you will resolve any potential conflicts of
interest, including any that may be disclosed by your responses to the
above items.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the CPSC's designated agency ethics
official to identify potential conflicts of interest. Any potential
conflicts of interest will be resolved in accordance with the terms of
an ethics agreement that I have entered into with the Commission's
designated agency ethics official and that has been provided to this
Committee.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain.
I was the subject of an ethics complaint to the South Carolina
Ethics Commission in late 2006 filed by Richard Beltram. It involved
the Jim Rex for State Superintendent of Education campaign and alleged
improper use of state employees' e-mail addresses for solicitation of
campaign contributions. The complaint was dismissed for lack of
probable cause.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
As State Superintendent of Education, I have been named as a
defendant in several lawsuits:
Wall v. SC Board of Education; Civil CA No. 2008-CP-07-2631;
Beaufort County Court of Common Pleas. I was named individually
and in my official capacity as former State Superintendent of
Education. Case is pending.
Jane Doe v. SC Department of Education; Civil CA No. 2007-CP-
07-632; Jasper County Court of Common Pleas. I was named
individually and in my official capacity as State
Superintendent of Education. Case is pending.
Jane Doe v. SC Department of Education; Civil CA No. 2007-CP-
07-3125; Beaufort County Court of Common Pleas. I was named as
a defendant individually and in my official capacity as former
State Superintendent of Education. Case is pending.
Sloan v. Tenenbaum; SC Supreme Court Memorandum 2008-MO-003.
(Heard 12/2007 and when opinion was published the caption was
amended to Sloan v. Rex, who is the current State
Superintendent of Education). Lower court ruled in favor of
State Department of Education and South Carolina Supreme Court
affirmed.
Abbeville v. State of South Carolina, 353 SC 58, 515 S.E.2d
535; The State Department of Education, the State Board of
Education, and the State Superintendent of Education were
dismissed as parties to the suit.
Appointed Guardian Ad Litem
Alexander v. McLawhorn, Civil Action No. 3:90-3062-17. I was
appointed guardian ad litem for the juveniles incarcerated at
the South Carolina Department of Juvenile Justice by Federal
District Judge Joseph Anderson in this class action suit. Case
was resolved and dismissed on 12/11/2003. I resigned as
guardian in 1993.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
attachment a
resume of inez moore tenenbaum
Education
1972: BS, University of Georgia; Athens, Georgia.
1974: MEd, University of Georgia; Athens, Georgia.
1986: JD, University of South Carolina School of Law; Columbia,
South Carolina; Associate Editor-in-Chief, South Carolina Law
Review.
Employment
2008 to present: Special Counsel, McNair Law Firm, PA.
Joined McNair Law Firm as special counsel in the area of public
school finance.
2007-2009: Education consultant.
Provide consultation to the Southwest Educational Development
Laboratory (SEDL) and the Southeast Comprehensive Center to
build the capacity of state departments of education, school
districts and schools in meeting the goals of No Child Left
Behind.
Provide consultation to MetaMetrics, Inc., a North Carolina
corporation, developer of the Lexile Framework for Reading.
1999-2007: South Carolina State Superintendent of Education.
Elected in 1998 and 2002. The State Superintendent of Education
is a constitutional officer who is responsible for the daily
operations of the State Department of Education and who serves
as secretary to the State Board of Education. The State
Department administers annual Federal and state appropriations
for education and implements Federal and state statutes and
regulations pertaining to education. The agency also
administers numerous statewide systems for the eighty-five
school districts, including student transportation and food
services, programs for safe and healthy schools, selection and
distribution of textbooks and instructional materials, creation
and establishment of academic standards, assessment of student
achievement, educator certification and professional
development, data collection and analysis, and education
research.
1992-97: Founder and President; South Carolina Center for Family
Policy.
Created center to restructure the state's juvenile justice
system, to create community programs designed to prevent
juvenile delinquency and to reduce the number of incarcerated
youth in state's institutions.
1986-92: Attorney; Sinkler & Boyd, PA.
Practiced in the areas of environment, health, and public
interest law; appointed by Federal judge Joseph F. Anderson,
Jr. as guardian of more than 600 juveniles incarcerated in the
state's juvenile facilities in a class action suit based on
unconstitutional conditions of confinement at the facilities.
1977-83: Director of Research and Administration; Medical,
Military, Public and Municipal Affairs Committee; South Carolina House
of Representatives.
Carried out Committee's responsibility for all legislation
relating to health, human services, adult and juvenile
corrections, state military affairs, local and county
government, environment, and aging.
1975-77: Licensing Specialist, Office of Child Development; South
Carolina Department of Social Services.
Carried out process for licensing of Head Start centers and
Federal child care centers; served as legislative liaison to
the South Carolina General Assembly on legislation to license
child care centers.
1974-75: Faculty Member, John Milledge Elementary School; Augusta,
GA.
Taught first grade.
1972-74: Faculty Member, Colbert Elementary School; Colbert, GA.
Taught second and fourth grades.
Board and Commission Memberships
Chairman, Midlands Go Red Event, American Heart Association,
2008.
Board of Directors, South Carolina Governor's School for Arts
and Humanities Foundation, 2007 to present.
National Advisory Board, Milken Family Foundation's National
Institute for Excellence in Teaching, 2007 to present.
Board, Southern Regional Education Board, 1999 to present.
South Carolina International African-American Museum, 2006 to
present.
Board of Directors, Washington Street United Methodist Church
Foundation, 2007 to present.
Community Advisory Board of Columbia, South Carolina, for the
Knight Foundation, 2007 to present.
Dalton and Linda Floyd Family Mentoring Program, Coastal
Carolina University (2008-09).
Leadership Council, Robert E. McNair Center, Francis Marion
University (2008-09).
Board of Directors, State Chamber of Commerce, 2005-06.
Board of Trustees, University of South Carolina, 1999-2007.
South Carolina Educational Television Commission, 1999-2007.
Board of Visitors, Citadel, 1999-2004.
Founding member, Women in Philanthropy, 2002 to present.
Junior League of Columbia Community Advisory Board (2002-04).
Chairman, United Way of the Midlands Success by Six, 1996.
Board of Directors, United Way of the Midlands, 1996-98.
Board of Trustees, Allen University, 1996-2007.
Board of Directors, Common Cause, 1996-97.
Board, Governor's Juvenile Justice Task Force, 1995-97.
Board of Directors, South Carolina Family Connections, 1995-97.
Board of Directors, McKissick Museum, 1992-94.
Board, University of South Carolina Law School Partnership,
1990-92.
Board of Directors, Nurturing Center, 1990-93.
Board of Directors, Martin Luther King Monument Foundation,
1995.
Chairman, Environment and Natural Resources Section of South
Carolina Bar Association, 1990-91.
Participant, Leadership South Carolina, 1982-83.
Board of Directors, International Year of the Child, 1980.
Board of Directors, South Carolina Cystic Fibrosis Foundation,
1978.
Honorary Degrees
Doctor of Humane Letters, Lander University, 2007.
Doctor of Laws, South Carolina State University, 2005.
Doctor of Laws, Newberry College, 2004.
Doctor of Humanities, Francis Marion University, 2003.
Doctor of Humane Letters, Southern Wesleyan University, 2003.
Doctor of Humane Letters, Winthrop University, 2003.
Doctor of Education, The Citadel, 2002.
Doctor of Humanities, Furman University, 2002.
Doctor of Laws, Columbia College, 2001.
Awards and Recognition
Israel's Star of David Award, Israel Bonds, 2009.
Community Service Award, Cooperative Ministries, 2008.
Honorary Member, Order of the Coif, South Carolina University
of South School of Law, 2008.
Woman of Achievement, South Carolina Commission on Women, 2007.
Order of the Palmetto presented by Governor Mark Sanford, 2006.
Richard Young Award for Education, Allen University, 2006.
J. Waites Waring Humanitarian Award, United Black Fund of the
Midlands, 2005.
Distinguished Public Service Award, Delta Kappa Gamma Society
International, Alpha Eta State, 2005.
Award of Achievement, Spartanburg Technical College, Women's
History Month, 2005.
Program Partnership Award, South Carolina Vocational
Rehabilitation Association, 2004.
Friend of Gifted Education, South Carolina Council of Gifted
Education, 2003.
Distinguished Service Award, Greater Columbia Community
Relations Council, 2002.
Citation for Vision and Commitment to Educational Excellence,
South Carolina Governor's School for the Arts and Humanities,
2002.
Whitney M. Young Award, Boy Scouts of America, Indian Waters
Council, 2001.
Distinguished Alumni Award, Center for Creative Leadership,
Greensboro, North Carolina, 2001.
Compleat Lawyer Award, University of South Carolina School of
Law, 2000.
Partner in Progress Award, Southern Association of Colleges and
Schools, 2000.
Friend of Reading, South Carolina Reading Recovery Association,
1999.
Woman of Distinction, Congaree Girl Scouts, 1999.
John Bolt Culbertson Civil Libertarian of the Year Award, South
Carolina American Civil Liberties Union.
Member, State Commission on International Year of the Child,
1979.
Personal
Born: March 8, 1951; Hawkinsville, GA.
Married: Samuel Jay Tenenbaum; June 3, 1984.
______
attachment b
Inez Tenenbaum
------------------------------------------------------------------------
Candidate or Political Service to
Year Organization Contributor Amount Campaign
------------------------------------------------------------------------
1999 Anne Frances Bleecker Inez Tenenbaum $1,000
for County Council
1999 David Eckstrom for State Samuel $3,500
Superintendent of Tenenbaum
Education Retirement of
Debt
1999 Andy Brack for Congress Inez Tenenbaum $300
1999 Andy Brack for Congress Samuel $1,000
Tenenbaum
1999 Bill Bradley for Samuel $1,000
President Tenenbaum
1999 Carol Moseley Braun for Samuel $1,000
U.S. Senate Tenenbaum
1999 Jim Bryan for State Inez Tenenbaum $1,000
Senate
1999 Friends of Jim Clyburn Inez Tenenbaum $1,000
Committee
1999 Jane Frederick for Samuel $1,000
Congress Tenenbaum
1999 Jane Frederick for Inez Tenenbaum $100
Congress
1999 Jane Frederick for Inez Tenenbaum $250
Congress
1999 Gore 2000 Samuel $250
Tenenbaum
1999 Gore 2000 Samuel $750
Tenenbaum
1999 Gore 2000 Inez Tenenbaum $1,000 I served on
the SC
Steering
Committee
for Gore
2000.
1999 Gore 2000 Samuel $750
Tenenbaum
1999 Nancy Keenan for Inez Tenenbaum $500
Congress
1999 Bob Kerrey for U.S. Samuel $1,000
Senate Tenenbaum
1999 Reelect John Land to SC Samuel $1,000
Senate Tenenbaum
1999 SC Legislative Black Inez Tenenbaum $1,000
Caucus
1999 Lourie for SC Senate Samuel $1,000
Tenenbaum
1999 Mezvinsky for U.S. Samuel $1,000
Senate Tenenbaum
1999 Bill Nelson for U.S. Samuel $1,000
Senate Tenenbaum
1999 Pope for SC Senate Samuel $1,000
Tenenbaum
1999 Pope for SC Senate Inez Tenenbaum $600
1999 Joe Riley for Mayor Samuel $500
Tenenbaum
1999 Robb for U.S. Senate Samuel $500
Tenenbaum
1999 Saleeby for SC Senate Inez Tenenbaum $1,000
1999 Setzler for SC Senate Samuel $1,000
Tenenbaum
1999 James Smith for SC House Samuel $500
Tenenbaum
1999 Washington Political Samuel $1,000
Action Committee Tenenbaum
1999 DCCC Samuel $1,000
Tenenbaum
1999 SC Democratic Caucus Samuel $1,000
Tenenbaum
1999 SC Democratic Party Inez Tenenbaum $2,500
1999 SC Democratic Leadership Samuel $500
Council Tenenbaum
1999 BackPac (Senator Bob Samuel $5,000
Kerry) Tenenbaum
1999 John McCain for Samuel $1,000
President 2000 Tenenbaum
1999 Stabenow for U.S. Senate Samuel $250
Tenenbaum
2000 Carper for U.S. Senate Inez Tenenbaum $1,000
2000 Andy Brack for Congress Samuel $1,000
Tenenbaum
2000 Braun for U.S. Senate Samuel $1,000
Tenenbaum
2000 Brightharp for Congress Samuel $500
Tenenbaum
2000 Bryan for SC Senate Inez Tenenbaum $500
2000 Citizens for a Samuel $1,000
Competitive America Tenenbaum
(Sen. Hollings)
2000 Trish Caulder for SC Inez Tenenbaum $250
House
2000 Trish Caulder for SC Inez Tenenbaum $250
House
2000 John Drummond for SC Inez Tenenbaum $1,000
Senate
2000 John Drummond for SC Samuel $1,000
Senate Tenenbaum
2000 Jane Frederick for Inez Tenenbaum $750
Congress
2000 Martin Frost for Samuel $1,000
Congress Tenenbaum
2000 David Haller for SC Inez Tenenbaum $500
House
2000 David Haller for SC Inez Tenenbaum $500
House
2000 John Land for SC Senate Inez Tenenbaum $1,000
2000 Friends of Dick Lugar Samuel $500
for Senate Tenenbaum
2000 Lawrence for SC House Samuel $500
Tenenbaum
2000 Mizell for SC Senate Samuel $1,000
Tenenbaum
2000 Kay Patterson for SC Inez Tenenbaum $500
Senate
2000 Spratt for Congress Samuel $1,000
Tenenbaum
2000 Brian Schweitzer for Samuel $1,000
U.S. Senate Tenenbaum
2000 Brian Schweitzer for Samuel $1,000
U.S. Senate Tenenbaum
2000 Bernice Scott for County Inez Tenenbaum $1,000
Council
2000 Bernice Scott for County Inez Tenenbaum $500
Council
2000 Verne Smith for SC Inez Tenenbaum $500
Senate
2000 Stabenow for U.S. Senate SamuelTenenbau $500
m
2000 Stabenow for U.S. Senate Samuel $100
Tenenbaum
2000 SC Black Caucus Inez Tenenbaum $1,000
2000 DCCC non-federal account Samuel $5,000
Tenenbaum
2000 Democratic National Samuel $5,000
Committee Tenenbaum
2000 Nancy Keegan for Inez Tenenbaum $250
Congress
2000 Washington Political Samuel $1,000
Action Committee Tenenbaum
2001 Steve Benjamin for Inez Tenenbaum $1,000
Attorney General
2001 Steve Benjamin for Inez Tenenbuam $250
Attorney General
2001 Bob Coble for Mayor Samuel $500
Tenenbaum
2001 Vince Ford for School Inez Tenenbaum $500
Board
2001 Ben Gregg for Samuel $1,000
Agriculture Tenenbaum
Commissioner
2001 Hahn for Mayor Samuel $1,000
Tenenbaum
2001 Alex Sanders for U.S. Samuel $1,000
Senate Tenenbaum
2001 Alex Sanders for U.S. Samuel $1,000
Senate Tenenbaum
2001 Shaheen for U.S. Senate Samuel $1,000
Tenenbaum
2001 Brent Weaver for Samuel $1,000
Congress Tenenbaum
2001 Brent Weaver for Samuel $1,000
Congress Tenenbaum
2001 Washington Political Samuel $1,000
Action Committee Tenenbaum
2001 Washington Political Samuel $1,000
Action Committee Tenenbaum
2001 Democratic National Samuel $200
Committee Tenenbaum
2001 Democratic National Samuel $100
Committee Tenenbaum
2001 Democratic National Inez Tenenbaum $200
Committee
2001 SC Democratic Party Inez Tenenbaum $1,000
2001 SC Democratic Party Samuel $3,500
Victory Account Tenenbaum
2001 Martin Frost for Samuel $500
Congress Tenenbaum
2001 Gephardt in Congress Samuel $1,000
Committee Tenenbaum
2002 Bowles for U.S. Senate Samuel $1,000
Tenenbaum
2002 Beth Burns for SC Senate Inez Tenenbaum $500
2002 Beth Burns for SC Senate Inez Tenenbaum $250
2002 Friends of Jim Clyburn Samuel $1,000
Tenenbaum
2002 Friends of Jim Clybum Inez Tenenbaum $500
2002 Committee to Elect Artur Samuel $1,000
Davis to Congress Tenenbaum
2002 Gephardt in Congress Samuel $1,000
Committee Tenenbaum
2002 Reelect Govan to the Inez Tenenbaum $1,000
House
2002 Ben Gregg for Samuel $1,000
Agriculture Tenenbaum
Commissioner
2002 Lander for Comptroller Samuel $1,000
General Tenenbaum
2002 Leventis for Lt. Gov. Samuel $250
Tenenbaum
2002 Leventis for Lt. Gov. Samuel $500
Tenenbaum
2002 Shaheen for U.S. Senate Samuel $500
Committee Tenenbaum
2002 Kit Smith for County Inez Tenenbaum $1,000
Council
2002 Rick Wade for Sec. of Samuel $1,000
State Tenenbaum
2002 Washington Political Samuel $1,000
Action Committee Tenenbaum
2002 Steve Benjamin for Inez Tenenbaum $250
Attorney General
2003 Anne Frances Bleecker Inez Tenenbaum $500
for Council
2003 John Kerry for President Samuel $1,000
Tenenbaum
2003 John Kerry for President Samuel $1,000
Tenenbaum
2003 Reelect Land to SC Samuel $500
Senate Tenenbaum
2003 Lander for SC Senate Samuel $500
Tenenbaum
2003 Reelect Lourie to SC Samuel $500
Senate Tenenbaum
2003 Reelect Matthews to SC Inez Tenenbaum $500
Senate
2003 Reelect Patterson to SC Inez Tenenbaum $500
Senate
2003 Riley for Mayor Samuel $500
Tenenbaum
2004 Carson-John Victory Fund Samuel $1,000
Tenenbaum
2004 Justin Kahn for SC Samuel $1,000
Senate Tenenbaum
2004 Reelect Leventis to SC Samuel $500
Senate Tenenbaum
2004 Reelect Joel Lourie to Samuel $500
SC Senate Tenenbaum
2004 Reelect Matthews to SC Samuel $500
Senate Tenenbaum
2004 Reelect Matthews to SC Samuel $350
Senate Tenenbaum
2004 Andy Rosenberg for Samuel $500
Congress Tenenbaum
2004 Reelect Vincent Sheheen Inez Tenenbaum $500
to SC Senate
2004 Kit Smith for SC Senate Samuel $1,000
Tenenbaum
2004 Kit Smith for SC Senate Samuel $1,000
Tenenbaum
2004 Inez Tenenbaum for U.S. Samuel $2,000
Senate Tenenbaum
2004 Jay West for SC Senate Samuel $500
Tenenbaum
2004 Jay West for SC Senate Samuel $500
Tenenbaum
2004 DCCC Inez Tenenbaum $500
2004 Florida Leadership PAC Samuel $1,000
Tenenbaum
2004 SC Legislative Black Samuel $1,000
Caucus Tenenbaum
2004 Democratic Party of Samuel $5,000
South Carolina Tenenbaum
2004 Democratic Party of Samuel $5,000
South Carolina Tenenbaum
2005 Barber for Lt. Governor Samuel $1,000
Tenenbaum
2005 Barber for Lt. Governor Inez Tenenbaum $100
2005 Citizens for Biden Samuel $1,000
Tenenbaum
2005 Casey for Pennsylvania Samuel $1,000
Tenenbaum
2005 Cantwell for U.S. Senate Samuel $500
2021 Tenenbaum
2005 Condon for City Council Inez Tenenbaum $500
2005 Friends of Joe Lieberman Samuel $1,000
Tenenbaum
2005 Friends of Joe Lieberman Samuel $1,000
Tenenbaum
2005 John Spratt for Congress Samuel $1,000
Tenenbaum
2005 Stabenow for U.S. Senate Samuel $1,000
Tenenbaum
2005 Whitehouse for U.S. Samuel $1,000
Senate Tenenbaum
2005 SC Democratic Caucus Samuel $1,000
Tenenebaum
2005 SC Democratic Party Samuel $5,000
Tenenbaum
2005 SC Democratic Party Inez Tenenbaum $250
2006 Moore for Governor Samuel $3,500
Tenenbaum
2006 Defelice for Agriculture Samuel $500
Commissioner Tenenbaum
2006 Defelice for Agriculture Samuel $300
Commissioner Tenenbaum
2006 Jim Rex for State Samuel $1,000
Superintendent of Tenenbaum
Education
2006 Jim Rex for State Samuel $250
Superintendent of Tenenbaum
Education
2006 Jim Rex for State Inez Tenenbaum $2,000
Superintendent of
Education
2006 Jim Rex for State Samuel $1,000
Superintendent of Tenenbaum
Education
2006 Grady Patterson for Samuel $250
Treasure Tenenbaum
2006 Grady Patterson for Samuel $250
Treasure Tenenbaum
2006 Sellers for SC House Samuel $500
Tenenbaum
2006 Drew Theodore for Samuel $1,000
Comptroller General Tenenbaum
2006 Drew Theodore for Inez Tenenbaum $1,000
Comptroller General
2006 SC Senate Democratic Samuel $1,000
Caucus Tenenbaum
2006 Robert Barber for Lt. Samuel $500
Gov. Tenenbaum
2006 Robert Barber for Lt. Samuel $1,000
Gov. Tenenbaum
2006 Robert Barber for Lt. Samuel $300
Gov. Tenenbaum
2006 Bob Coble for Mayor Samuel $1,000
Tenenbaum
2006 Forward Together PAC Inez Tenenbaum $500
(Mark Warner)
2006 Forward Together PAC Inez Tenenbaum $1,000
2007 Dollars for Democrats Samuel $3,000
Tenenbaum
2007 Obama for America Inez Tenenbaum $2,300 I served as a
volunteer in
the Obama
campaign and
was a
national
surrogate
speaker, on
the
education
advisory
committee,
and on the
SC Steering
Committee.
2007 Obama for America Inez Tenenbaum $2,300
2007 Bridge PAC (Jim Clyburn) Samuel $1,000
Tenenbaum
2007 Biden for President Samuel $2,000
Tenenbaum
2007 Friends of Mary Landrieu Inez Tenenbaum $1,000
2007 Jim Rex for State Samuel $500
Superintendent of Tenenbaum
Education
2007 Belinda Gergel for City Samuel $1,000 I served on
Council Tenenbaum the Gergel
Steering
Committee as
a volunteer.
2007 Jim Rex for Our Schools Samuel $100
Tenenbaum
2007 Footlik for Congress Samuel $500
Tenenbaum
2007 SC Democratic Party Samuel $500
Tenenbaum
2007 Sellers for SC House Inez Tenenbaum $1,000
2007 Belinda Gergel for City Inez Tenenbaum $1,000 I served on
Council the Gergel
Steering
Committee as
a volunteer.
2007 Anne Frances Bleecker Inez Tenenbaum $500
for City Council
2007 Democratic National Samuel $500
Committee Tenenbaum
2007 Jim Rex Campaign Inez Tenenbaum $150
2008 Runyan for City Council Inez Tenenbaum $500 Volunteer and
wrote letter
of
endorsement
for direct
mail.
2008 Norrell for SC Senate Inez Tenenbaum $500
2008 Middleton for SC House Inez Tenenbaum $500
2008 Darrell Jackson for SC Samuel $1,000
Senate Tenenbaum
2008 Landrieu for U.S. Senate Inez Tenenbaum $1,000
2008 Shaheen for U.S. Senate Inez Tenenbaum $1,000
2008 Greenville Democratic Inez Tenenbaum $500
Women
2008 Carl Levin for U.S. Inez Tenenbaum $1,000
Senate
2008 Rise SC Samuel $1,000
Tenenbaum
2008 Spratt for Congress Samuel $500
Tenenbaum
2008 Klobuchar for Minnesota Samuel $500
2012 Tenenbaum
2008 Obama for America Samuel $500
Tenenbaum
2008 Obama for America Samuel $750
Tenenbaum
2008 Rob Miller for Congress Samuel $1,000
Tenenbaum
2008 Ketner for Congress Samuel $1,000
Tenenbaum
2008 Obama for America Samuel $1,000
Tenenbaum
2008 Kay Hagen Senate Inez Tenenbaum $1,000
Committee
2008 Obama for America Inez Tenenbaum $500
2008 Obama Victory Fund Inez Tenenbaum $250
------------------------------------------------------------------------
Senator Pryor. Thank you. And thank you for that statement.
For the Senators who have just arrived, it looks like we
have a vote scheduled for 11:45, unless somebody tells me that
changes. And what I'd like to do is have everyone submit their
opening statements for the record, and just dive right into
questions.
And I'll start, and I'll try to keep mine to less than 5
minutes, if I can.
Ms. Tenenbaum, let me ask about your background. I think
one of the most significant things you've done in your life is
taking on the challenges in South Carolina with the education
system. Can you tell the Committee how you think that has
helped to prepare you for the task that you have at the CPSC?
Ms. Tenenbaum. Thank you, Mr. Chairman.
As State Superintendent of Education, I managed an agency
with over 1,000 employees. That agency worked to implement
policy and regulations that were passed by the South Carolina
General Assembly. And we also worked with the school districts
to provide transportation, food service, textbooks, and to
train teachers in areas of teaching and learning. I had
multiple projects going on at the same time in various
divisions, and we regularly had to implement legislation, many
times in a very quick fashion that was passed by the General
Assembly. I never tried to fight legislation passed by the
General Assembly. If it wasn't perfect at the moment, then I
worked with the General Assembly and worked with the statute to
see if I could implement that statute.
I am very familiar with the regulatory process, due
process, writing and implementing regulations, working to form
consensus with industry, with advocacy groups, with people
concerned about the well-being of children, to make sure
everyone has a fair hearing. I think that has trained me to
know that we do not act alone in the Executive Branch. If I'm
confirmed as Chairman, I need to have a partnership with you,
to inform you regularly on matters in which the Commission is
involved, and to seek your guidance and assistance in carrying
out the laws you pass.
Senator Pryor. Thank you.
Could you talk a little bit about your management style?
You mentioned you had 1,000 employees in South Carolina. You'll
have 500 here. I think it's fair to say, and I think most
people would agree, that there is an issue of morale at the
Consumer Product Safety Commission right now, just for various
reasons, and--could you talk a little bit about your management
style and some of the things you would like to see happen at
CPSC?
Ms. Tenenbaum. Thank you, Mr. Chairman.
If confirmed, I want to assure you that the Commission will
operate in an open, transparent, and collaborative way, and in
a way that engenders the trust from the President, the
Congress, and the American people. The Commission will have
proper management and accounting controls, and operate to the
greatest efficiency. I want to employ persons with the greatest
talent, integrity, and motivation to protect Americans from
unsafe products.
One of the things that is urgent is the full implementation
of the Consumer Product Safety Improvement Act, which you
passed last year. We have third-party certification of products
coming online, accreditation of third-party laboratories,
tracking labels on which guidance is due in August.
We also have a mandate under that law to increase public
awareness on consumer products, and create a website in which
consumers can talk about their experiences with products and
search other products. One of the largest challenges that we
will face is timely implementation of regulations so that
industry has guidance.
I have heard about the morale at the agency, and I think
some of those morale problems come from the fact that the
Commission has a large agenda, a surge of imports, and so much
to handle, and yet it did not have the staff in place and did
not have the budget necessary to meet all of these challenges.
So, I want to work with you to use wisely the 71-percent
increase in the budget that you've provided for this coming
year, to hire the people who have the greatest motivation to
protect the people, and to work to settle many of these
unintended consequences you may not have anticipated when
Congress passed the Act.
Senator Pryor. Thank you.
I do think this is going to be work in progress. I mean, I
think you need a little bit of time to get your feet wet and
get our bearings there at that agency. So, as issues present
themselves, I'm sure the Committee would appreciate hearing
from you on various things, whatever they may be, challenges,
successes, whatever they may be.
And I think it's probably a good idea, maybe, for you to
come back to the--either the Committee formally, or have a
meeting informally with us, say, in--I'll just say 60 days
after your confirmation, to give us a sense of how things are
going. And if there are specific issues that are still out
there, maybe we can talk about those in detail once you're
there.
Senator Hutchison?
STATEMENT OF HON. KAY BAILEY HUTCHISON,
U.S. SENATOR FROM TEXAS
Senator Hutchison. Well, thank you, Mr. Chairman.
I was very pleased to have a meeting with Ms. Tenenbaum
last week, and I was very encouraged with her talk of her
record of working with the South Carolina legislature in her
position as head of education in the State. And I think that's
a good sign for working with Congress, as well.
As you know, we did pass the Act last year. Our Chairman
was a real leader in that effort. And I think that many good
things were done in that legislation. However, there are some
glitches, as often happens with legislation, and some areas
where there have been differences of opinion about the intent
of some of the language. So I would like to ask you a couple of
questions.
First is the required question that the Ranking Member
always asks, and that is that our committee has always worked
well with staff in the agencies, and the heads of agencies; and
when we are developing or proposing legislation, we need their
technical expertise. And my question is, can all of our members
of the Committee count on being able to call in to your agency
for the expertise that we might need to help us draft
legislation, or to exercise our responsibility in oversight?
Ms. Tenenbaum. Yes, Senator. And thank you for that
question.
You will have access to the work of the agency. We have
very talented people at the agency. You can talk with the
scientists, with the engineers, with the experts in that area.
Also, we want you or any member of your staff to be able to
call me at any time. We will work with you in partnership.
Senator Hutchison. Well, one thing I think our committee
probably will need to do is have a hearing on the Act that we
passed last year, to see where the kinks are, and see where we
need to do some technical corrections.
Let me ask you one question on that. We discussed some of
the unintended results impacting thrift stores, charity sales,
small businesses, and you used the word ``common sense'' in
your description of what you think is right in the enforcement
arena. So, I would ask you if you think the law gives you
sufficient flexibility for the common sense enforcement that I
think we agree is the right standard? And where do you think it
doesn't give enough flexibility, and the law is clear, even if
it is pretty hard to enforce?
Ms. Tenenbaum. Well, thank you, Senator.
It would be premature--and we talked about this in your
office--to take a position on whether the law needs to be
amended. But, I hope that my tenure at the Commission will be
seen as a tenure where we worked with people to exercise common
sense in a regulatory manner.
Acting Chairman Moore has said that we need to wait until
the Commission is fully formed to collectively make decisions.
I am a collaborator. I want the input of my fellow
Commissioners, as well as the staff, and also in conversation
with you, to discuss implementation of some areas of the law,
and to address areas that are unclear.
As soon as we can have guidance and regulations in place,
industry will know what to do. I know there are some areas,
like tracking labels, on which industry is waiting for answers.
And, as soon as we can promulgate the regulations and get
guidance in place in all of these areas by working with
industry and consumers to ensure that their concerns are heard,
the fewer complaints you will receive about the law here in the
Senate.
Senator Hutchison. Could I ask you one other question
regarding the use of stays of enforcement. Where you have found
that a business needs more time to comply with the law, do you
think the stays of enforcement are sufficient, or do you think
we need to revisit, maybe, that area of the law to give more
flexibility, again, when a business does need more time? Or, in
the situation with the youth ATV vehicles, where there needs to
be some other approach.
Ms. Tenenbaum. The Commission has issued a general stay of
enforcement on testing and certification requirements. There
are some products that are not included in that stay, like
lead-based paint, pacifiers and cribs. But, they also
specifically issued a stay of enforcement for the ATVs, to give
the industry more time to see if they could remove lead from
the ATVs without jeopardizing structural integrity.
The stays of enforcement seem to be working. The general
stay of enforcement for testing and certification gave the
Commission time to write regulations. As soon as these
regulations are in place, the Commission will probably have to
issue fewer stays of enforcement.
As I have found out in doing my research and talking to
members of this committee, and to others who are involved with
enforcing the law, what is needed is the clear guidance on all
of these sections of the CPSIA, and also, regulations. And once
those are in place, I think you will see fewer stays of
enforcement.
Senator Hutchison. Thank you very much, Mr. Chairman.
Senator Pryor. Thank you.
Senator Lautenberg?
STATEMENT OF HON. FRANK R. LAUTENBERG,
U.S. SENATOR FROM NEW JERSEY
Senator Lautenberg. Thanks, Mr. Chairman.
Thank you, Ms. Tenenbaum, for your willingness to take on
this assignment.
We, in our professional life here, have a chance to meet
candidates for office that are recommended, and it's so nice,
very frankly, when we have someone who is here, presenting
themselves to the Committee, who have the kind of background
that you have, which is, I think, perfectly suited to taking
the responsibility that you're about to take. And I noticed
that your focus is on the quality of life for children. And
that's really a principal focus for the Consumer Product Safety
Commission.
One of the things that we've seen happening now is that
there is a focus on toy guns. News reports have shown the
popularity among children with toy guns that look like real AK-
47s, or other assault rifles. As a matter of fact, in some
instances, young people have been killed by police officers who
believe, because these guns look so realistic, that they're
holding a weapon, and the consequence is terrible. And we see
lots of injuries. In 2007, we had something like 11,000
injuries from toy guns, whether it's in the production of these
things, or whether it's the way the parts are put together.
But last year--you were discussing morale a moment ago with
the Chairman--I sent a letter to the CPSC asking it to
investigate this issue, but I never received a response. Now,
I'm hoping that, with your confirmation, that you'll work with
me to review the safety of these guns. Is that a problem for
you in any way?
Ms. Tenenbaum. No, sir----
Senator Lautenberg. Not the working with me, I mean----
[Laughter.]
Ms. Tenenbaum. Thank you, Senator.
I will work with all the Members of Congress. When I was
State Superintendent of Education, if a member of the
legislature wrote me, I answered that letter. In fact, I read
the letters from legislators personally. If I needed to call
the House or Senate member to find out what their concerns
were, I did.
Senator Lautenberg. Your reassurance----
Ms. Tenenbaum. I will work with you.
Senator Lautenberg.--your assurance is noted.
Last year, I met with a New Jersey family whose daughter
was severely injured due to a crib that collapsed. Oddly
enough, my wife's daughter, my step-daughter, had a baby, and
she's just turning a year old, and I was with her this weekend,
and she was chewing the paint off the crib. And even though
these things are lead free, I don't think it's very healthy for
children to have paint chips in their system.
Now, under your leadership, will the CPSC require cribs to
be tested so--to prove that they are durable and will not
collapse under pressure?
Ms. Tenenbaum. Thank you, Senator.
If I'm confirmed, I will see that the requirement under the
new law, the Consumer Product Safety Improvement Act, to take
voluntary crib standards and make them mandatory, is carried
out. That's what this law requires for durable nursery
equipment and products. Those products were under voluntary
standard, and the law requires the Commission, this year, to
issue rules to make them mandatory. And therefore, we would
have enforcement over the manufacturers if the paint chips came
off in a baby's mouth.
Senator Lautenberg. Despite the high number of recalls on
children's products, consumers rarely return recalled products.
As a matter of fact, it's only--it's estimated that only 5
percent of the time do they do so. I hope that you'll increase
outreach with the--with a full complement of staff so--to make
consumers aware of the recalls of dangerous products. And that
certainly is a quality-of-life issue. We can do pretend here--
pretend for the moment that you are Chairman, and that you will
look to see that, when there is a recall, that a reason is
produced for doing so, and that you'll do your best to alert
the public to the importance of accepting a recall and
returning the product.
Ms. Tenenbaum. Thank you. I will, if I'm confirmed, make
public information and education a top priority. I also will
work with the States' Attorneys General departments of health
and environment control, and the State consumer affairs offices
to enlist their support with recalls.
One of the things the agency is charged to do is to educate
the public on recalls. I've understood that the agency has
recalled certain items, and then later on there were deaths
attributable to those items. It would worry me tremendously if
that happened on my watch. Public information will be a top
priority.
Senator Lautenberg. Thanks.
Thanks, Mr. Chairman. Thank you, Ms. Tenenbaum.
[The prepared statement of Senator Lautenberg follows:]
Prepared Statement of Hon. Frank R. Lautenberg,
U.S. Senator from New Jersey
Mr. Chairman, so much of what we in the Senate--and all Americans--
do is motivated by the instinct to protect our children.
Just last week, we passed long-overdue legislation to shield our
kids from the dangers of smoking.
And in the Senate Environment and Public Works Committee, we have
been taking a hard look at toxic chemicals in everyday products our
kids come in contact with.
Today, we turn our focus to the Consumer Product Safety Commission,
which oversees products that cause 27,000 deaths and 33 million
injuries each year.
It's essential for the Commission to have the resources to protect
our children and families--and the leadership to get the job done.
Unfortunately, in the past, it has been lacking both.
The previous Administration's funding cuts were so severe, for
example, that the CPSC had less than half the number of workers it had
in 1980.
We cannot expect a skeleton staff to ensure the safety of 15,000
consumer products--a number that's still growing.
But President Obama has recognized the needs of the CPSC and given
it the resources and leadership it deserves.
The President's budget includes more than $105 million to hire and
train more staff, conduct more outreach and education about safety, and
gain the expertise needed to ensure consumer products are safe.
The President has also chosen a smart and skilled leader in Inez
Tenenbaum.
As the former South Carolina Superintendent of Education, Ms.
Tenenbaum knows what it takes to keep children safe--and she has proven
she can do just that.
While in that role, she was responsible for raising student
achievement scores and improving educational standards across the
state--a sign that her policies put kids first, which is the kind of
mindset I believe we need at the CPSC.
If confirmed, I look forward to working with Ms. Tenenbaum to
increase the safety of children's products and I am eager to hear her
testimony about how she plans to do so.
Thank you, Mr. Chairman.
Ms. Tenenbaum. Thank you.
Senator Pryor. Thank you.
Senator DeMint?
Senator DeMint. Thank you, Mr. Chairman.
You've really covered a lot of my concerns with the current
law, and words like ``common sense'' encourage me. I know the
agency has done some things to delay implementation. It seems,
perhaps, not beneficial--and, Inez, you and I have talked a
fair amount about this law and whether or not we need
legislation. And we'll just wait to hear from you on that.
But, just one comment that goes under the umbrella of
common sense is, that the goal is more safety, not more
regulation. And the problem we often have is--we develop a
comprehensive regulatory scheme, that tends to favor large
companies who have contingents of lawyers and people who can
deal with them. And in this country, there are a lot of small
manufacturers of a lot of products, a lot of small toy
manufacturers, and handmade toys. And some of the law has been
interpreted in a way that would make it very difficult for
these companies to do the type of testing that would be
necessary to comply in any way that they could afford to do it.
And I would just ask you, as you look at this, is to
remember that the whole point of this is not to run small
companies out of business. But, if we have such a heavy
regulatory scheme, it may be very difficult for them to afford
the tests that are required to comply. There are often other
ways to do that, such as, make sure the components are tested,
not necessarily the final product. But, I would just appeal to
you to do everything you can to make sure that we make our
products safer, but also keep America a good place to make
products.
Ms. Tenenbaum. Thank you, Senator.
I'm very sensitive to the concerns of small businesses. My
husband worked with his family's steel company, a small
business, for many years. I understand that there is a great
deal of worry among the toy manufacturers and other smaller
businesses. Because the CPSC is a quasi-judicial administrative
body, I cannot say how I would vote. I have to refrain from
doing that. But, I will approach the interpretation of this law
in a common sense way. The component testing is an issue that
will get full attention but I cannot project how I will vote or
the issue beforehand----
Senator DeMint. Sure.
Ms. Tenenbaum.--without talking to my fellow Commissioners
and the staff at the CPSC.
But, that is an issue that the hand-held toy and the small
manufacturers have brought up. If the components are tested,
and we know they contain no lead, can we go forward and not
have a test on the finished product? And that will receive my
full attention and consideration, if confirmed by this Senate.
Senator DeMint. It's all I can ask. Thank you.
Ms. Tenenbaum. Thank you.
Senator DeMint. I yield back, Mr. Chairman.
Senator Pryor. Thank you.
Senator Boxer?
STATEMENT OF HON. BARBARA BOXER,
U.S. SENATOR FROM CALIFORNIA
Senator Boxer. Thank you, and welcome. And congratulations
on this great nomination. And, you know, one of the former, I
think, most memorable, Chairmen of this Committee, Fritz
Hollings, is a great fan of yours. You know that.
Ms. Tenenbaum. Thank you, yes.
Senator Boxer. And I figure that anyone who has earned the
admiration and respect of Senator Fritz Hollings, Senator
Lindsey Graham and Senator Jim DeMint is the person of great
ability.
[Laughter.]
Senator Boxer. And the ability to bring people together and
to win their respect, means so much in the role that you're
going to play.
And I only have one question. I'm going to preface it by
some remarks, which will show where my bias is. And my bias is
in protecting children, and it always has been. And I know you
come from that place as well.
But, I just want to make sure you know that it was in the
1980s, when I came to Congress, that all of our regulations
were based on protecting a 155-pound man. And that was how--
that's everything that was done, including all of the tests
that went through the NIH. There were no women in the tests,
there were no children in the tests.
And we worked together, all of us, across party lines, to
change that. And I think the beauty of our work is very simple.
When you protect the children, you protect everyone. If you
go--if you protect a 155-pound man, a healthy man, it's going
to be good for all those guys who are in that category. But,
the vulnerable folks--the children, the pregnant women, those
with disabilities, and so on--are not protected. So, it's such
a win-win to protect the children.
And I think that was our goal when we wrote this law that
you are going to find yourself in the middle of, the Consumer
Product Safety Improvement Act. So, I guess that my one
question is, can you assure me that, in your work, that you
will put the children first?
Ms. Tenenbaum. Senator, thank you. I appreciate that
question.
And yes, I will put the children first. I often gave a
speech, as State Superintendent of Education, and I quoted the
Hopi Indians, who, before they made any decision, would ask one
thing: is it good for the children? And I will ask, before we
make any rulemaking, is this good for the children of the
United States?
Thank you.
Senator Boxer. Well, thank you. I think, following that, we
can't go wrong. We'll all be protected, and yet you're going to
do it in a way that allows responsible companies to make good
products and sell those products.
And I'm just so excited about your nomination, and
extremely pleased at the bipartisan support you've received
thus far.
And I hope, Mr. Chairman, that we can move this very
quickly.
Thank you.
Ms. Tenenbaum. Thank you.
Senator Pryor. Thank you.
Senator Warner?
STATEMENT OF HON. MARK WARNER,
U.S. SENATOR FROM VIRGINIA
Senator Warner. Thank you, Mr. Chairman.
I know this is kind of a chorus we're hearing from both
sides, but I want to add my strong support of Inez. As I've had
the opportunity to work with her in politics, I've had the
opportunity to work with her when she did such a great job in
education in South Carolina. She was a great partner, we found,
in Virginia, on a series of education initiatives. And I think
you are absolutely the right person at the right time for an
agency that has truly been troubled.
And while I know you introduced your husband, there are--
looking around this room, there are a series of other
distinguished South Carolinians who are here to show support
for you. Some of them--it's tough to get them all in the same
room with the same common cause. I hope you're not paying all
of them, because some of them are, you know, pretty expensive,
high-priced folks here in town now.
[Laughter.]
Senator Warner. But, Inez, let me just put a marker out. I
know, I think, when the Chairman was initially talking, as we
came in, he had raised an issue that he has played a leadership
role on, along with Senator Landrieu, Senator Martinez and
Senator Nelson, from Louisiana and Florida, respectively, and
that's this Chinese drywall issue.
I know your agency, or your new agency, is working on this
issue. I can tell you that the stories that we heard with some
of the folks who've been victimized by this, almost Kafkaesque
tragedy, was pretty remarkable when we had them in recently.
The folks from your agency were saying they were starting the
testing. I want to make sure Virginia continues to be--because
we've been hit down in Hampton Roads on this issue.
But, it was amazing. They were saying, ``We're doing the
testing, but we still don't have enough money or resources to
do it in a timely manner.''
And in effect, these people, who are living in these
virtually worthless homes at this point, were basically told,
you know, ``We think it's tough, we understand it's
challenging, but you've got to continue to live in these places
where you could be creating a health hazard for yourself and
your children.''
And, Inez, the thing that was most remarkable--afterwards,
a series of the families came out and talked to me about the
fact that some of the inspectors had stopped going in and
inspecting in person, and instead were simply soliciting the
information over the phone, because the inspectors were
finding, just coming in and spending an hour or two in the
home, they were starting to get some of the ill health effects,
in terms of finding shortness of breath and finding, breaking
out and other bad health effects. And it was just amazing to me
that our Federal Government was then saying, ``We don't even
want to send our inspectors in to do this, we want to do it
over the phone. But, by the way, if you have the misfortune,
having done nothing wrong on your own part, to be living in one
of these health hazards, we have no recourse for you.''
So, from my colleagues, you're hearing other issues of
great concern, but this Chinese drywall problem is an enormous,
enormous challenge. I hope you will continue to also press to
make sure that we can work with you to find relief for these
families. And if there is legislative solutions that need to be
taken, I know the Chairman has moved aggressively on this
issue. I just want to add my voice--we'll be there to do all we
can to make sure this issue is brought to full and speedy
resolution.
I know you've--not even into the job. I'm sure you've been
briefed on this a little, but if you've got any comments about
the Chinese drywall issue, I would love to hear them.
Ms. Tenenbaum. Thank you, Senator.
If I'm confirmed, I will work with you to get a resolution
to the Chinese drywall. I have met with Senator Bill Nelson,
and I understand how concerned he is. He has told me about the
respiratory problems, the corrosion of the wiring in homes, and
the fear that even the gas lines in the walls may be corroding
in homes in Florida.
Also, I've reviewed the letter that Acting Chairman Nancy
Nord wrote to Senator Nelson, laying out a five-track strategy
from the Commission. And I'm also aware that two Senators--or,
four Senators have asked the Commission to set aside $2 million
of the new appropriation just to address the Chinese drywall
problem.
I want to commend the Commission for creating the website
so people can write in, and also for the work that they've done
with the EPA and the Centers for Disease Control to test the
Chinese drywall.
What I'm hearing, too, is that the EPA and the CPSC haven't
concluded what the problem is through these environmental
tests. So, we need to work collaboratively on this, and, if
confirmed, I would like to work with you to find out what is
causing the respiratory problems, and what are the toxic
elements in the gypsum of the Chinese drywall.
I understand that the counterpart agency in China, the
counterpart to the Consumer Product Safety Commission, is
working with the Commission to resolve this, and that Chinese
leaders are very aware of it and are trying to address it.
But, it is a very real problem, causing people great
hardship, physically, as well as damage to their property,
rendering their homes worthless. And I will assure you that, if
I'm confirmed, it will be of top priority to me.
Senator Warner. The only thing I would ask, Inez, is that--
a lot of this is taking place in Louisiana and Florida--they
have different climate issues, in terms of humidity, than folks
we've got in Virginia. And elsewhere, I think we're up to 36
states now that have experienced this problem. And it's
remarkable to me that the testing and finding the cause is
taking this long, when it's evident from the families, and then
again even from the Consumer Product Safety Commission staff,
that you start to feel the ill effects, literally just being
exposed for a few hours.
So, I would hope that money would be well spent to expedite
this process. And as you do the additional testing--and I can
just speak from the Virginia standpoint, but I'm sure my other
colleagues, who've got other different weather conditions--
simply testing it in the Florida- or Louisiana-type humidity
issues--we've got humidity in Hampton Roads, but--in Virginia
Beach and Norfolk--but, probably not quite as much as they've
got in certain areas in Florida--make sure that you've got
other States involved in those tests, as well.
Ms. Tenenbaum. Thank you, Senator.
I have spoken to Senator Pryor about the same issue in
Arkansas, which probably has similar climate to Virginia. But,
it is widespread. And I, like you, don't understand why the
best scientists can't come to a conclusion on what is in this
drywall. But, I will, if confirmed, make sure it gets full
attention. And even if we have to use outsource testing to get
to the root of it, we need to find out what is in this drywall
that is making people sick.
Senator Warner. Mr. Chairman, one thing I'd simply add--and
I know my time's up, but--and you heard from both of our
colleagues from South Carolina--the one thing that Inez is
famous about is, when she gets a hold of a bone, she doesn't
let it go until she figures out an answer. And I can't think of
a better person, on a host of these issues, to take them on in
this new, important role, than Inez Tenenbaum.
Ms. Tenenbaum. Thank you.
Senator Warner. Great to see you.
Ms. Tenenbaum. Thank you, Senator.
Senator Pryor. Thank you.
Senator Isakson?
STATEMENT OF HON. JOHNNY ISAKSON,
U.S. SENATOR FROM GEORGIA
Senator Isakson. Thank you, Chairman Pryor. I came, for
three reasons.
Everybody's calling you ``Inez,'' I will, too. First is
that both you and your husband are Georgians, and we're very
proud of that.
Second, you're a graduate of the University of Georgia, and
we're extra proud of that.
And, third, I had the privilege of chairing the Georgia
Board of Education in the late 1990s, when you became
Superintendent of Education in South Carolina, and I watched
what you did in South Carolina, and I want to say that
everything that Senator DeMint said was absolutely correct. You
did a marvelous job and demonstrated the kind of attitude
somebody at the CPSC should have to deal with the difficult
problems.
I really don't have a question. I do have two--I want to
make two endorsements.
First is what Senator Warner said. This is--the Chinese
drywall situation is one of any number of product problems
coming out of China. We obviously can't pass laws that regulate
production in China, but we have gateways, which are our ports,
and we have a Commerce Department, and we have a CPSC. And I
think, somewhere along the line, if you get the chance, a task
force of representatives from the ports, Homeland Security, the
Commerce Department, and the CPSC, can possibly come up with
some ideas of a threshold of entry that could give us some
degree of protection, or at least send a signal to the world
that we are looking at the quality of the products that are
coming in.
Second, I co-sponsored Senator DeMint's legislation dealing
with the Consumer Product Safety Improvement Act, which I voted
for, and Chairman Pryor spent a lot of time on, but it did have
a lot of unintended consequences. Just one, by way of example:
I have eight, soon to be nine, grandchildren. One of my
daughters-in-law, the mother of three, all under 5, chairs the
largest second-hand clothing sale and second-hand book swap in
the history of mankind, I think, but it raises a ton of money
for their church. When that law passed, within weeks they were
called by their attorneys and told to cancel both those sales
because of the potential effect and legal liability that was
put on them as a second-hand seller of a product they neither
manufactured nor took any responsibility for.
So, we need to look at the unintended consequence of that
legislation. I know there's a stay right now on the
implementation. But, I hope you'll apply the same due diligence
you did in South Carolina education to that particular subject,
and try and get it to where the unintended consequences are not
so onerous for people, for whom it was never intended.
Ms. Tenenbaum. Thank you, Senator. If I'm confirmed, I will
work to resolve many of these issues that are coming back to
you and other members of this Committee. I've read the
guidelines that the CPSC has promulgated on the second-hand
stores, and have asked people in the second-hand stores how
things are going. And many of them said, well, we've read the
guidelines, and are now not selling durable nursery products
unless we know that product has not been recalled.
The Commission has a website, but it requires us to be even
more diligent in informing the public about products recalled,
so that second-hand thrift stores aren't always in a quandary
about whether or not to sell something.
We can work closely with the State Consumer Products Safety
Commissions and the Attorneys General to educate people about
what is required to be recalled and what they can and cannot
sell.
A public education campaign is certainly needed, once all
these regulations are in place. If I'm confirmed, I pledge to
work with you to do that.
Senator Isakson. Thank you very much. The best of luck to
you.
Ms. Tenenbaum. Thank you. And thank you for being here.
Senator Pryor. Thank you.
Senator Klobuchar?
STATEMENT OF HON. AMY KLOBUCHAR,
U.S. SENATOR FROM MINNESOTA
Senator Klobuchar. Thank you very much. Thank you, Ms.
Tenenbaum, for being here, and your family.
I also have warm words. I remember being down there twice,
now, to South Carolina, and you were very gracious. I had quite
an experience down there at Representative Clyburn's fish fry
that I will never forget, and you were certainly a gracious
host, thank you very much.
You and I have talked already about the toy safety and the
children's product safety bill that was so important to me. We
had a 4-year-old boy die from swallowing a lead charm. He
didn't know it was lead. Mom didn't know it was lead. When he
died after the lead going into his bloodstream--it was tested
as 99 percent lead. It was from China. And that's why I felt so
strongly about getting this bill done. I was pleased we got it
done and passed on a bipartisan basis.
But, now I look back on how some of these problems, which I
feel very deeply--in my State--we have the two biggest domestic
manufacturers of ATVs and snowmobiles in Minnesota, Polaris and
Arctic Cat. And when I look back at it I think, one, it would
have been good to have had a more collegial relationship with
the agency, in terms of working together when these problems
came on the scene. And, based on what I've heard about your
working style, I think that that will happen.
Two, as the legislation was drafted, I think it would have
been helpful to work more proactively with the CPSC.
And the third thing, which we've focused on a lot today, is
the implementation. The handmade toy lines actually got its
genesis in Minnesota, and you've already answered some
questions on working with them. And I just had one ATV point,
just to let you know how important it is in our State. We just,
this weekend, had 1,600 ATV riders decide to ride in a line to
break the Guinness Book of World Records, in Silver Bay,
Minnesota, to have the longest line of ATVs--I know you're
jealous, Senator Pryor.
[Laughter.]
Senator Klobuchar. They wouldn't be doing that in Arkansas.
But, the question that--I specifically have right now,
because, of course, this day was much appreciated; I don't
think any of the Senators thought that the law was going to be
applied this way. And that--again, you're going to be on a
judicial body--quasi-judicial--that'll be deciding this. But,
what's happened right now is that, as of July 12, the ATV,
snowmobile, and motorcycle manufacturers have to submit to the
CPSC a report that lists each component part that is made of
metal and is accessible to children. And there may be hundreds
of these parts. And the problem for them is, they're trying to
figure out what's accessible. Because the CPSC is supposed to
issue a final rule on accessibility, and what's accessible, on
August 14. So, there's this lag where they're supposed to give
all their parts, but they don't know what's accessible til
August 14.
And so, what they're trying to get is some kind of an
extension so that they can find out what the CPSC defines as
accessible, before they go through these hundreds of parts that
they'd list.
And I just wondered if you had any thoughts on that, in
general. You may not want to answer it specifically.
Ms. Tenenbaum. Thank you, Senator.
I wanted to add that I read the transcript from the Senate
debate on this law, and know how much these situations has
affected you and your State personally. Danny Keysar, the child
who swallowed the charm off the Reebok shoe and all of the
children who were hurt from consumer products became very real
to me after reading the Senate transcript. Because, you're
right, there are so many people who have died and had been
injured seriously because we haven't been more vigilant about
children's products.
Under the CPSIA, you granted three exemptions from the lead
limits. One exemption is for inaccessible parts. The second
exemption is for certain electronic devices. The third is, if
through normal and foreseeable use or abuse of the product, you
can document that any lead is not absorbed into the body. Those
are the three areas where a product can be exempt.
The stay of enforcement has been issued on the ATVs so that
the industry can----
Senator Klobuchar. Right.
Ms. Tenenbaum.--work to see if less lead is needed without
interfering with structural integrity.
One of the largest issues facing the Chairman is how soon
we can get clear answers on all these questions.
Senator Klobuchar. Right.
Ms. Tenenbaum. When I was elected State Superintendent of
Education, I came into an agency that had been cut in its
budget and staff, and did not have the resources to implement a
new law that the General Assembly had just passed, the
Education Accountability Act. There was confusion in the
schools on how the new statute would be implemented. We had to
take that law apart, figure out what we needed to do, work
overtime, put the policies and procedures in place, and we
worked as hard as we could to implement it in a very short
period of time.
And once it was implemented, the uncertainty was greatly
reduced.
Senator Klobuchar. Exactly.
Ms. Tenenbaum. This is the same situation I'm hearing about
now with the implementation of the CPSIA.
Senator Klobuchar. OK.
Ms. Tenenbaum. As soon as we can issue guidance and
regulations to help industry interpret this law, industry will
comply.
Senator Klobuchar. We appreciate that. And just so you
know, the ATV industry strongly supported this law because it
had some good safety standards that would apply to foreign
manufacturers that had already applied to domestic, and that's
the irony of this. They supported this, and it was interpreted
in a way that I don't think any Senator, anyone, expected.
And just one last thing, if I could, Mr. Chairman. The
Virginia Graham Pool Act is something that I also worked hard
on, after we had a tragedy in Minnesota with Abigail Taylor.
And there, with Senator Pryor and others, we were able to get
that done a few months after this tragedy happened. And it has
started to be implemented all over the country. We've worked
well with the CPSC. Commissioner Nord and I just did an event
together on this.
And I just wanted to just say to you, we know the CPSC
can't enforce it on every little pool all over the country,
every public pool, but we also know that the education efforts
will be very important here. So, please take a look at that.
Because we've found, in our State, we have had no incidents
since this happened, because, of course, it hit people's hearts
so much, so the pool operators are all going out and making
sure things are in better shape. And I think if we can emulate
that nationally, we'll be in much better shape.
Ms. Tenenbaum. Thank you, Senator.
I checked in South Carolina about the implementation of the
pool standards and found last spring the State Department of
Health and Environmental Control had written all of the public
pool owners to inform them about the regulation. Right now, the
supply for the drain covers doesn't meet the demand, I have
heard. So, parts and supply are the issues, not the content of
the law, from what I understand.
Senator Klobuchar. All right. Thank you very much.
Ms. Tenenbaum. Thank you.
Senator Pryor. Thank you.
Senator Vitter?
STATEMENT OF HON. DAVID VITTER,
U.S. SENATOR FROM LOUISIANA
Senator Vitter. Thank you, Mr. Chairman.
And thank you, Ms. Tenenbaum, for your willingness to
serve. Thank you very much.
I wanted to focus on the Chinese drywall issue, also. It
has caused an enormous negative impact in Louisiana. By our
estimates, there are up to 7,000 Louisiana homes affected. And
all of those situations are as Senator Warner described. There
are serious health symptoms, and yet people don't know exactly
what the health bottom line is. Also, there's major damage to
the home, such as corrosion of piping and wiring, which brings
up fundamental safety issues with gas lines and the like.
In Louisiana, it's sort of triply tragic because, by
definition, these are folks who were flooded by one of our
hurricanes, Katrina or Rita or Gustav or Ike. That's why
they're ripping out old drywall and why they're putting in this
new stuff. So, by definition, virtually every one of those
folks were hard hit by a hurricane or just recovering and have
finally put their house back together, and then they discover
this, and they have to start all over, and their house is a
loss, sometimes a complete loss, yet again. So, it's really
tragic for folks in that situation.
I'm certainly continuing to work with Senator Nelson,
Senator Landrieu, and many others, on legislation and on
funding, which has the CPSC studying this issue on a more
accelerated timetable, to study three things in particular.
Number one, the relationship between the drywall and health
symptoms; so, what's the bottom line on health, number one.
Number two, the relationship between the drywall and electrical
and fire safety issues. And number three, the tracing of the
origin and distribution of the drywall.
So, I know that's going on. The big issue is timing. Even
with these funding assurances, even with a study ongoing, the
word is it's taking months and months. What can you tell us
about the current plan at CPSC with regard to the timing of
this study?
Ms. Tenenbaum. Well, I understand this committee had a
hearing 2 weeks ago on Chinese drywall.
Senator Vitter. Right.
Ms. Tenenbaum. At the hearing, the EPA gave you the results
of its tests. And I understand the tests were inconclusive. The
EPA did not have a report for you on what in the drywall was
causing the problem. Is that correct, Senator?
Senator Vitter. That's my understanding, yes.
Ms. Tenenbaum. And I've reviewed the letter that
Commissioner Nancy Nord wrote to Senator Bill Nelson. Florida
has launched its own investigation to use high-performance
liquid chromatography, or HPLC, to isolate the particles of the
drywall that may be emitting the gases.
I understand that the EPA has looked at in-home tests as
well as chamber tests. And no conclusive report has been issued
on what substance in the drywall is causing the emissions of
the sulfur or contaminating the walls.
My access to information about the CPSC is through the
public domain and what I have found on the Commission's website
along with the briefing books that I have been given by CPSC
staff, but, I would like to meet with the scientists before I
tell you what the time-frame is. It is my understanding that
everyone is still grappling with the science, and the testing
of the drywall. Once we get some information, I will work with
you on solving this problem. We need to engage in a public
information campaign to let people know what the hazards are,
and what their recourses are against the companies that sold
them the drywall.
Senator Vitter. Well, my understanding is that, even with
everything that's been done, and funding commitments for CPSC
to focus on this immediately, it's going to be a matter of
many, many months, which strikes me as really frustrating and
inadequate.
What will you try to do to accelerate that at CPSC?
Ms. Tenenbaum. Well, if I'm confirmed, the first week all
the Commissioners will be invited to have a briefing by the
staff. I'll ask the staff to come up with timelines to conclude
the tests, and to get back with the Senate Commerce Committee
and also with Senators and House members from other States that
are affected by the drywall and expedite this as soon as
possible.
Senator Vitter. OK. Well, I'd----
Ms. Tenenbaum. We will have a full briefing and come up
with a schedule of implementation working with you to make sure
you are fully informed.
Senator Vitter. Great. I appreciate that, and I look
forward to following up with regard to that specific timetable,
because right now, it's on a very frustrating multi-month
timetable.
Mr. Chairman, if I could just have a couple other
questions----
Senator Pryor. Please do.
Senator Vitter.--because this really is important.
This is also part of a broader issue, obviously, with
China. China is clearly the biggest problem, worldwide, with
regard to many products. In Louisiana, another big concern is
contaminated seafood. That's not your jurisdiction, I
understand that. But, my point is, it's clearly a pattern with
regard to China. What are your thoughts about focusing on this
Chinese pattern, to really get some significant new results
across the board?
Ms. Tenenbaum. If I'm confirmed, one of the first things
I'll do is ask for a meeting with the leader of the Chinese
counterpart to the CPSC, which is the Administration for
Quality Supervision, Inspection, and Quarantine, to make clear
the importance of China complying with the--in standards for
consumer product safety. I also want to work with the Chairman
to see if the delegation from this Committee would visit China,
or meet with my counterpart from China to talk about our
concerns.
The CPSC has a memorandum of agreement with China, which
needs to be reviewed, given the large number of imports coming
from China. We also communicate through the third-party testing
certification, under the Consumer Product Safety Improvement
Act to ensure that products coming from China are meeting the
standards. Third-party testing will be implemented this year
along with the tracking labels. Before goods come into the
port, the manufacturer or importer must provide third-party
testing results to the ports. The CPSC can work with Customs to
make sure that the certificate is with the imported products.
With the extra funding that Congress has provided to the CPSC;
the Commission could increase the number of people at our ports
to ensure that the third-party certificates are correct.
Senator Vitter. Right.
Ms. Tenenbaum. This enforcement will require monitoring and
vigilance on the part of the Commission to ensure that these
third-party laboratories are doing their job correctly and are
not filing either false claims or just not doing their work in
a competent manner.
The system will ensure Americans that the products coming
from China and other countries meet consumer product safety
standards and do not contain lead, phthalates, or other----
Senator Vitter. Right.
Ms. Tenenbaum.--toxic chemicals.
Senator Vitter. Mr. Chairman, can I ask one last, brief
question?
And, Ms. Tenenbaum, you can give the answer for the record,
because I don't want to hold everything up.
I strongly believe that one of the problems is that in the
past there has not been enough common work and coordination
among multiple involved agencies, like the International Trade
Commission, Customs, USTR, and your soon-to-be agency, working
together for a practical result.
For instance, in this Chinese drywall situation, at the end
of the day, if the only action is some sort of class-action
suit against some shell entity in China, which is really some
arm of the Chinese government, that goes into litigation and
takes years and years more, that's not a solution. That's not a
good result. That's maybe making some lawyers busy and/or rich,
but it's not helping the victims.
Really, what has to happen is for this to be a priority of
the U.S. Government, including USTR, CPSC, and everybody who
deals regularly with China, to get a practical resolution, and
have the victims reimbursed in a whole and a quick way.
And I just ask, for the record, your responses to that
idea, and how would you work toward that sort of practical,
bottom-line result.
Senator Vitter. Thank you very much.
Ms. Tenenbaum. Well, thank you Senator, that is an
excellent question, and I'm glad you brought that up.
The CPSC is opening an office in China, but the Commission
needs to coordinate, and not duplicate, its efforts by working
with other agencies and sharing resources.
Senator Vitter. Thanks.
Ms. Tenenbaum. If I am confirmed, I look forward to meeting
with the people who direct these agencies to coordinate our
efforts and work together more closely.
Thank you.
Senator Pryor. Thank you.
Senator Cantwell?
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Thank you, Mr. Chairman and Ms.
Tenenbaum. Great to see you. Thank you for the meeting in my
office last week.
Ms. Tenenbaum. Thank you.
Senator Cantwell. And we're glad that your nomination is
before the Committee today.
I was wondering if I could ask you about emerging products
that are associated with hazards. In 2007, the Commission
established a pilot program for an early-warning system on
emerging products and associated hazards. And my understanding
is that that system uses subject-matter experts and electronic
assessment tools to allow the Commission staff to quickly
identify these issues and propose corrective action. Do you
know whether this pilot has been successful?
Ms. Tenenbaum. I don't, Senator Cantwell. I thank you for
the question, but I don't have information on that. It seems
like a common sense approach to work with the industries ahead
of time to advise them of the regulation and the requirements
on consumer products before they develop these products and put
them in the stream of commerce.
Senator Cantwell. I guess that's what I was getting at, is
whether, in principle, that approach helps the Commission to be
more proactive than completely reactive. And should the
Commission be proactive when it comes to emerging safety issues
in consumer products?
Ms. Tenenbaum. The Commission should be proactive in
working with industry so industry doesn't have inventory it
cannot sell. The sooner the Commission can promulgate
regulations and work with industry in implementing these
regulations, the less costs would be incurred by industry in
developing products that it later has to recall.
Senator Cantwell. Several of the unforeseen issues the
Commission has had to address in implementing the Consumer
Product Safety Commission Improvement Act involve smaller
businesses, and--do you think the Commission is well positioned
for conducting outreach to smaller consumer product
manufacturers? I know the Commission leverages its staff by
using standards committees and organizations, like the
Underwriters Lab and ANSI. But does the Commission also
leverage its relationship with the Small Business
Administration and other agencies within the Department of
Commerce, like NIST and the Manufacturing Extension
Partnership?
Ms. Tenenbaum. Senator, I don't know the specific answer to
that, because I haven't discussed that issue with the
Commission staff, but the Commission needs to have a
partnership and also regular meetings with the leaders of these
other commissions so we don't duplicate resources in enforcing
the same standard.
Senator Cantwell. OK. Another issue. I know--I understand
interested parties can submit petitions to the Commission that
can ultimately lead to rulemaking. And to the best of my
knowledge, those petitions have led to rulemaking. And do you
have any sense, or any thoughts, on that, the amount of time
that it takes or how the Commission does that as it initiates
its own rulemaking?
Ms. Tenenbaum. Thank you, Senator.
I don't have firsthand knowledge about that. But, under my
leadership, if I'm confirmed, I hope members of the general
public, industry, consumers, and interested parties would feel
that they could approach the Commission and make suggestions in
rulemaking. We certainly would invite comment on proposed rules
and take those comments very seriously.
Senator Cantwell. I know that there's so much that the
Commission faces, and a heavy workload. Are there any current
activities you might consider de-emphasizing or delaying? And
are there some of these things that are just going to get
delayed anyway because of the level of staffing?
Ms. Tenenbaum. Well, the staff has been cut in half over
the last 10 years, and because of the increase in
appropriations last year, the Commission will be able to hire
100 additional people. Under the new law the Commission will
have around 500 staff positions. Because of the surge of
imports, the importance of consumer safety, and the number of
deaths from consumer products, new staff positions are greatly
needed.
One of the challenges will be implementing the CPSIA in a
timely manner and promulgating the final rules so that industry
and consumer groups will know what is required, and eliminate
the uncertainty surrounding this Act at this point.
If the Commission doesn't have enough staff it can
coordinate with other agencies. The agency does not have to do
everything by itself if another agency has the capacity to
assist or if the research can be performed by outsourcing.
Senator Cantwell. Well, thank you----
Ms. Tenenbaum. But, there are numerous agencies in the
Federal Government that could expand the enforcement and help
with the workload of the CPSC.
Senator Cantwell. Well, thank you, Ms. Tenenbaum, I
appreciate your answers, and I appreciated our meeting and your
past experience at the State level. I think you'll bring a
great deal of experience and leadership to the Commission. So,
thank you.
Ms. Tenenbaum. Thank you, Senator.
Senator Pryor. Thank you.
Senator McCaskill?
STATEMENT OF HON. CLAIRE McCASKILL,
U.S. SENATOR FROM MISSOURI
Senator McCaskill. Thank you. I just wanted to stop by
briefly and congratulate you.
Ms. Tenenbaum. Thank you.
Senator McCaskill. I think your nomination is such a
wonderful development for this very, very important and
neglected part of our government. The tenacity you have shown
in your career, and your willingness to take on projects
against the odds suits you very well for the challenge that
you've accepted. And I hope that--I'm sure many of your visits
in front of this Committee will not be as pleasant as the one
today----
[Laughter.]
Senator McCaskill.--but I want to make sure that we don't
chase you off.
Ms. Tenenbaum. No.
[Laughing.]
Senator McCaskill. So, I don't want to spend a lot of time
talking specifically about issues.
I will say that it's very important--and I know you've
discussed this in other questioning, and I know that your
answers have been exactly what I was looking for--but I think
the problem we've got with the legislation that we passed is
the confusion and uncertainty. And you combine that with a
failure to embrace the notion of common sense, and our phones
ring off the hook. And--I mean, when I've got women that I
revere that are librarians crying on the phone to me, I know
that something is amiss, because I don't think government
should ever make librarians cry.
[Laughter.]
Senator McCaskill. I just think that is a bad idea,
generally speaking.
So, I want to make sure that I convey to you how much I
hope your common sense takes firm control of this situation,
and that we quickly move toward very clear guidance, so that if
there are any remaining issues that we need to go back and take
a look at, that we can do so. Let me give you an opportunity to
speak to that just briefly, if you would, Ms. Tenenbaum.
Ms. Tenenbaum. Thank you, Senator. And I appreciate you
being here and coming by, and I appreciate your question.
If I'm confirmed as the Chairman of the Commission, it is
my goal to implement the rules and the regulations, and issue
guidance pursuant to the CPSIA as soon as possible.
Your phones are ringing off the hook because there are so
many unanswered questions about how certain sections of the new
law will be interpreted and what industry is supposed to do.
Consumer advocacy groups are concerned. Everyone needs to know
what the roadmap's going to look like.
In implementing legislation in South Carolina year after
year, I have found that once comprehensive legislation of this
nature is passed you have pushback because of unanswered
questions. As soon as you can put in place the regulations, and
the guidance, and answer the unanswered questions, the phone
calls are greatly reduced. Then the agency can go about the
business of implementing the Act. This is my goal.
Senator McCaskill. Well, that's terrific. And I--on behalf
of the librarians, and the great thrift-store operators, and
the wonderful folks that hunt, with their ATVs, in Missouri, I
thank you for that. And I look forward to a strong working
relationship over the coming years. And I know you're going to
be very good at this job. Congratulations.
Ms. Tenenbaum. Thank you.
Senator McCaskill. Thank you, Mr. Chairman.
Senator Pryor. Thank you, Senator McCaskill.
Let me, if I may--our vote is on, and let me just have a
couple of follow-up questions, if I can, or follow-up
observations.
One of the things Senator Lautenberg talked about was, he
had written a letter to the CPSC, and he never received a
response. I don't know if this is true, but anecdotally I've
heard, and I hope it's not true, that there was favoritism
shown to Republican inquiries, as opposed to Democratic
inquiries, and I certainly hope that wasn't the case. But I
would definitely hope that, as long as you're Chairman, you'll
be very politically neutral when it comes to communicating with
House, Senate, Attorney Generals, Governors, whatever the case
may be.
Ms. Tenenbaum. Senator, I will. My track record as State
Superintendent of Education was to treat all persons who wrote
letters to the State Department, or requested me to visit
schools, as politically neutral. I will be in the Executive
Branch, and I want to work with everyone in the Congress, and
throughout the Federal and State government, as best I can.
Senator Pryor. Well, that's the way it should be.
Let me also mention an observation. The Chinese drywall
case is an illustration of how much easier it is to fix the
problem before it comes into the United States. And now, with
that Chinese drywall--that is in houses, it's ruining houses,
and it has ruined their value. The cost to the end user, the
homeowner, is much greater than the cost of the drywall. If we
could have gone back a few years in time, and if we had an
inspector there, if we had an office there--you mentioned
that--if we had someone there to say, ``No, that cannot come in
to the U.S.,'' just think about how many millions and millions
of dollars people around the country would have saved.
Another thing I want to say before I close is, I think,
when we talk about librarians and ATVs and other matters that
we've talked about today, thrift stores, et cetera--I think
that what's happened--what you can see is, is--when the agency
runs properly, it can help resolve these issues before the
industry gets to a chaos point.
But, I think, in the last few months, what you've seen is,
with some actions of the agency or individuals there, or
whatever the case may be, statements made by them, you saw
almost a panic in a lot of sectors of our economy, with people
not knowing what to do. And I think you've done a good job of
addressing that today.
So, I think that dose of common sense that people have
talked about, and that spirit of cooperation, and working
together to resolve this and get to a resolution that's good
for everybody, I think that'll be a great breath of fresh air.
Now, one last thing before I close. And that is, the
Chairman, who is Senator Rockefeller, and Senator Hutchison,
the Ranking Member, have asked all Senators to get their
questions for the record in today by 6 p.m.
That's good news for you, because that means what they are
hoping is, we'll be able to move this nomination quicker.
Normally, we leave the record open for a couple of weeks. But
they would like to get the questions in today, if possible. So
I'm just telling that so all the staff will hear.
Senator Pryor. And, Ms. Tenenbaum, we really, really
appreciate your interest in public service, and your
willingness to take on this Commission. And we've enjoyed our
time together and your responses to the questions, and thank
you. And we look forward to working with you as you're the
Chairwoman of the Consumer Product Safety Commission.
With that, we'll adjourn the hearing.
[Whereupon, at 11:56 a.m., the hearing was adjourned.]
A P P E N D I X
Prepared Statement of Hon. John Thune, U.S. Senator from South Dakota
I would like to thank the Chairman and Ranking Member for holding
today's hearing.
The Consumer Product Safety Commission is an extremely important
agency that oversees the safety of over 15,000 consumer products.
If confirmed, you will take over as Chair of the Commission at a
very challenging time.
With the passage of the Consumer Product Safety Improvement Act of
2008, the Commission has even greater responsibility and more demands
on its limited resources.
As you work to carry out this new law, you will have a great deal
of unresolved challenges as we move forward.
From baseball cards, to children's books, to second-hand thrift
stores, this law has had a broad reach in terms of new testing
requirements and lead limitations.
I understand that some progress has been made with the current
Commission to deal with industry-specific concerns for products that
pose a very limited threat to children with regards to the safety of
parts and components of these products.
I encourage you to continue this work to achieve common sense
outcomes for consumers and businesses alike.
In my state of South Dakota, I know of several retailers who were
forced to warehouse small ATVs that were intended for children under
the age of 12.
Not only did this cost them valuable business, but it encouraged
parents to push the limits of what is appropriate for their kids by
considering the purchase of a larger, adult-sized ATVs.
If you are confirmed, I look forward to working with in you as you
implement the Consumer Product Safety Improvement Act in a common sense
manner that considers the true risk of certain products, [such as youth
ATVs and children's reading books.]
Again, I thank you for your willingness to serve and look forward
to learning more about your thoughts on important issues facing the
Commission.
______
Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Inez M. Tenenbaum on behalf of Hon. Chris Dodd
Question 1. Small business owners and craftspeople are concerned
with the Commission's ability to exempt certain materials and products.
To date, the Commission has exempted certain products, such as books
and natural materials, from lead testing requirements because the
materials are inherently safe and when used as intended, provide little
or no risk of lead exposure. If confirmed, will you act quickly and
clearly to provide guidance on other materials that are inherently
safe, do not require lead testing, and categories of products that pose
no lead risk if used as intended?
Answer. I agree that the Commission needs to act to provide
guidance on other materials that meet the statutory criteria for
exemption from the lead limits imposed by the CPSIA. While the
Commission has already exempted certain products, other products may
also qualify for a similar exemption under the CPSIA. If confirmed as
Chairman, I will work diligently to ensure that guidance on other
materials that may qualify for an exemption is promulgated by the
Commission. I hope that such guidance would address the questions and
concerns of industry, including small business owners and craftspeople.
Question 2. Do you foresee the need to ask Congress for additional
authority to regulate products in a common-sense manner?
Answer. As I am not yet confirmed, it would be premature for me to
take a position on whether the law needs to be amended. However, I do
hope to work with all concerned parties to implement the CPSIA in a
common-sense manner. Acting Chairman Moore has said that the Commission
needs a third Commissioner before making decisions and recommendations
to Congress. I agree with Acting Chairman Moore and, if confirmed as
Chairman, I look forward to working with the other Commissioners and
the CPSC staff to make these kinds of determinations and reporting them
to this Committee and Congress.
Question 3. Can you provide assurance that you will work with
industry and trade groups to educate small businesses on how to work
within the parameters of the CPSIA?
Answer. I understand that there is a great deal of confusion,
especially among small businesses, about the CPSIA and its
requirements. If confirmed as Chairman, I will work to ensure that the
CPSC provides guidance to help clear up this confusion and address the
concerns of small businesses. I believe that once this guidance is
promulgated by the Commission, many of the concerns of small businesses
will be addressed and small business owners will be able to learn how
to work within the parameters of the CPSIA.
______
Response to Written Questions Submitted by Hon. Frank R. Lautenberg to
Inez M. Tenenbaum
Question 1. The Consumer Product Safety Improvement Act instructed
the Consumer Product Safety Commission to study and develop safety
standards for durable nursery products including cribs. If you are
confirmed, will you work with the Consumer Product Safety Commission to
develop a stronger standard for crib durability and require cribs to be
durability-tested as part of these safety standards?
Answer. If confirmed, I will see that the requirement under the
CPSIA to take voluntary crib standards and make them mandatory is
carried out by the Commission. Durable nursery products used to be
governed by voluntary standards but the CPSIA requires the Commission
to issue rules creating mandatory standards for these products. The
development of these standards is greatly beneficial as it will also
give the Commission enforcement authority over these products. If
confirmed as Chairman, I will work with the Commission and the CPSC
staff to ensure that mandatory standards which reduce the risk of
children's injuries from these products are developed as required under
the CPSIA, which includes the periodic review and revisions of the
standards to ensure they meet the highest level of safety.
Question 2. If you are confirmed, will you work with the Consumer
Product Safety Commission to consider promulgating regulations
requiring cribs and other durable nursery products to contain warning
labels against the use of soft bedding?
Answer. As I am not yet confirmed, it is premature for me to take a
position on the specifics of any regulations concerning cribs and other
durable nursery products that the Commission might promulgate in the
future. However, if confirmed, I look forward to examining this issue,
and to working with the Congress, the other Commissioners, and the CPSC
staff to promulgate the most effective regulations for enhancing the
safety of cribs and durable nursery products in the U.S. marketplace.
______
Response to Written Question Submitted by Hon. Mark L. Pryor to
Inez M. Tenenbaum
Question. Section 108 of the CPSIA requires that a chronic hazard
advisory panel (CHAP) study the effects on children's health of all
phthalates and phthalate alternatives as used in children's toys and
child care articles. Can you assure me that the CHAP will be free from
political influence?
Answer. If confirmed as Chairman, I will work to ensure that the
Chronic Hazard Advisory Panel conducts an impartial and de novo study
of the phthalates and phthalate alternatives subject to the interim ban
as required by the CPSIA. It is my understanding that the CPSC has
already taken steps to ensure that scientists serving on this panel
will be free from potential conflicts of interest. In the CPSC's
February 10, 2009 letter to the President of the National Academy of
Sciences, the CPSC requested that the Academy nominate more than 21
qualified scientists for the panel because the nominees must be willing
to serve on the panel and must also pass the conflict of interest
criteria. According to the letter, in order to pass the conflict of
interest criteria, a panel member cannot receive compensation from or
have substantial financial interest in any manufacturer, distributor,
or retailer of products or chemicals covered by the CHAP or be a
Federal employee, excluding those Federal employees at the National
Institutes of Health, the National Toxicology Program, or the National
Center for Toxicology Research. To the extent that any additional
measures are necessary to further ensure the impartiality of the CHAP
and to make certain it is free from political influence, I will work
with the other Commissioners to identify and implement such additional
measures if confirmed as Chairman.
______
Response to Written Questions Submitted by Hon. Tom Udall to
Inez M. Tenenbaum
Question 1. Congress gave CPSC the authority interpret the Consumer
Product Safety Improvement Act (CPSIA) to interpret the law's
requirements in a common sense way to allow the agency to exempt
certain products from lead content rules. I do not believe motorcycles,
for example, should fall under the same lead ban that applies to
children's toys. As CPSC Chair, will you support a flexible, common
sense approach to interpreting the law that ensures a high level of
consumer safety?
Answer. If confirmed as Chairman of the CPSC, I will reasonably
interpret the CPSIA as written by Congress in a common-sense manner
that also ensures a high level of consumer product safety. It would be
my goal to implement rules and regulations, and to issue guidance
pursuant to the CPSIA, as soon as possible to address the CPSIA lead
limits and similar concerns currently surrounding the new laws. As
always, these rules, regulations, and guidance materials must be
promulgated while keeping in mind that the ultimate mission of the
agency is the protection of the American consumer.
Question 1a. Will you address the issue raised by constituents in
my state of motorcycles inappropriately falling under the same lead ban
as children's toys?
Answer. Because I am not yet confirmed, it would be premature for
me to take a position on whether motorcycles should be exempted from
the CPSIA lead limits. It is my understanding that the Commission has
already stayed enforcement of the CPSIA lead limits for certain
component parts of youth motorized vehicles until May 1, 2011. While I
cannot yet take a position on this issue, if confirmed, I intend to
lead the Commission in fully reviewing and addressing the
implementation issues surrounding the CPSIA lead limits and products
such as youth motorcycles.
Question 2. How will you work with manufacturers, U.S. Customs and
Border Patrol, and foreign governments to protect American children and
consumers from unsafe imported products?
Answer. If confirmed, protecting American children and consumers
from unsafe and imported products will be a priority for me upon
assuming the Chairmanship. I understand that unsafe imports are a
significant issue currently facing the agency and, if confirmed, I hope
to address this issue through close coordination with manufacturers,
U.S. Customs and Border Patrol (CBP), and foreign governments. I
understand that the CPSC staff has already prepared an Import Safety
Strategy which outlines four overall objectives for increasing the
safety of imported consumer products. If confirmed, I hope to carry out
the strategies already developed by the CPSC and execute new strategies
to enhance the safety of imported consumer goods. One new powerful tool
granted to the Commission through the CPSIA is the change in
presumption about how a product will be handled once it has been
refused admission into the country because, for example, it does not
comply with a consumer product safety rule or does not have the
appropriate certificate of conformance. The presumption is now that the
shipment will be destroyed. I think the Commission can use this
powerful tool to police the marketplace, and if confirmed, I will
pursue the use of this new enforcement power with CBP.
Question 3. How will you work with state attorneys general to help
ensure compliance with consumer product safety rules?
Answer. State attorneys general and state agencies are going to be
a great resource to the Commission and, if confirmed as Chairman, I
hope to foster highly beneficial partnerships with them and promote
common agendas for consumer protection. If confirmed, I would keep an
open dialogue with state attorneys general and promote open
communication between the Commission and their offices in order to
ensure compliance with consumer product safety rules. In addition, I
would also work closely with the state departments of health and
environmental control and state consumer affairs offices to provide
public information and education to industry and consumers to help
ensure compliance and foster understanding of the consumer product
safety rules.
Question 4. CPSC and other regulatory agencies rely on consensus
standards developed by accredited standards development organizations.
The U.S. Code of Federal Regulations currently includes 6,000
references to such standards, including many in critical areas
involving health and safety.
Although CPSC technical experts participate in standards
development activities relevant to consumer safety, CPSC has often been
more reluctant than other agencies to reference existing voluntary
safety standards as mandatory requirements. Last year, Congress
directed CPSC to reference several such standards, which are updated
more regularly than consumer rules, in order to ensure a higher level
of children's safety. Congress also instructed CPSC to reference
updated versions of these standards shortly after they are revised.
Will you encourage CPSC staff to continue to participate in standards
development organizations that are relevant to protecting consumer
safety?
Answer. CPSC staff participation in standards development
organizations is very important to protecting consumer safety and, if
confirmed as Chairman, I will encourage the CPSC staff to continue to
participate in these organizations. I believe such participation is
highly beneficial to the continued education of CPSC staff and can help
foster the development of standards which ensure the highest level of
consumer safety.
Question 4a. Will you consider referencing the resulting standards
when they are consistent with the Commission's regulatory objectives?
Answer. As I am not yet confirmed as Chairman, it would be
premature for me to take a position on whether the Commission would
reference these kinds of standards. In addition to the ASTM
International Standard F963-07, the CPSIA gives the Commission the
ability to adopt other ASTM standards if the standards would further
reduce the risk of injury associated with children's toys. If confirmed
as Chairman, I look forward to working with the other Commissioners and
the CPSC staff to determine whether the remaining ASTM standards, as
well as any other additional standards, should be adopted or referenced
by the Commission to further enhance the safety of children's toys.
Question 4b. Will you ensure that CPSC rules stay current with
emerging safety threats in order to protect children and consumers from
unsafe products?
Answer. If confirmed as Chairman, I will work diligently to ensure
that the CPSC rules stay current with emerging safety threats in order
to protect American children and consumers from unsafe products. The
Commission has a regular rule review process and I believe that
updating Commission rules and regulations is essential to addressing
emerging threats and acting in a proactive, rather than a reactive
manner. If confirmed, it will be my goal to work with the Commission
and CPSC staff to identify and address foreseeable threats before they
become a serious danger to American consumers.
______
Response to Written Questions Submitted by Hon. Mark Warner to
Inez M. Tenenbaum
Question 1. Just to make sure we are on the same page, I want to
make clear that I understand precisely how Virginia drywall concerns
will be incorporated into how CPSC will be moving forward. First, I
understand that CPSC collected samples of corroded smoke alarms,
corroded electrical receptacles and corroded copper tubing from homes
constructed with Chinese drywall on June 2, 2009 in Chesapeake. My
understanding is that CPSC will analyze those components--collected
from Virginia homes--in controlled lab conditions to determine how the
corrosion occurred and how the corrosion impacts the components'
functionality--for example how the corrosion would stop a fire alarm
from working properly. Is that correct?
Answer. As I am not yet confirmed as Chairman and only have access
to information available in the public domain, I can only answer this
question to the extent that this information is currently available to
me. According to information from the CPSC, to date, the Commission has
received hundreds of reports of potentially defective Chinese drywall
from residents in 19 states and the District of Columbia. Virginia is
included in this group of states and, if confirmed as Chairman, I will
work to ensure that this issue is addressed in Virginia as well as the
other affected states. Regarding component testing, according to
Commissioner Nancy Nord's letter to Senator Bill Nelson, the CPSC's
Directorate for Engineering Sciences will be examining and testing
components in homes that may be affected by emissions from Chinese
drywall. Her letter goes on to list the components that will be tested
and how the testing will be conducted. If confirmed as Chairman, I look
forward to working with the other Commissioners and the CPSC staff to
review this testing plan and ensure that the agency is doing all that
it can to address the problems associated with Chinese drywall.
Question 2. Second, I understand that the CPSC will be conducting
an in-home air sampling study of 50 homes, and that Virginia homes will
be a part of that study. Is that correct?
Answer. According to Commissioner Nord's letter to Senator Bill
Nelson, the CPSC's Directorate for Health Services is planning to
collect air monitoring data in homes as a part of the investigation
into Chinese drywall. As I am not yet confirmed as Chairman and only
have access to publicly available information, I cannot definitely
state whether Virginia homes will be a part of that study. However, if
confirmed, I will work the CPSC staff to ensure that this and other
studies are scientifically sound and adequately representative of all
consumers affected by the Chinese drywall issue.
Question 3. Third, I understand that CPSC will be conducting two
tests using unpainted drywall from Virginia. One test will be an
elemental analysis to determine what components the Virginia drywall
contains. Another has been referred to as the ``chamber studies,''
where you will test unpainted, untainted drywall from Virginia in a
variety of environmental situations, humidity levels, etc. The purpose
of this test is to better understand why the Virginia drywall corrodes
and emits gasses in a variety of situations. Is that correct?
Answer. As I am not yet confirmed as Chairman, I am not familiar
with the specifics of the testing that the CPSC intends to conduct in
its investigation of the Chinese drywall issue. If confirmed, I will
make the Chinese drywall problem a high priority and I would be happy
to answer your questions in more detail when I have more information.
If confirmed as Chairman, I look forward to working with the other
Commissioners and the CPSC staff to ensure that the Commission carries
out efficient and conclusive testing through which consumers can gain a
thorough understanding of the problems associated with Chinese drywall.
Question 4. When do you anticipate that these studies be done? Will
they be publicly available so victims of this drywall problem will be
able to easily access them?
Answer. Completing these studies and properly informing the public
on this issue must be a top priority. Although I do not have access to
the CPSC timeline for the completion of these studies, I do understand
that at least a preliminary testing timetable has been developed. If
confirmed, I will work to ensure that the deadlines mandated by this
timetable are met and also updated or changed as necessary to
adequately and efficiently address the issues presented by the Chinese
drywall problem. Since I am not yet confirmed, I cannot definitely
state whether these tests will be publicly available. However, if
confirmed, I will make sure that the affected consumers will be
promptly and sufficiently informed of the important issues and
information related to the Chinese drywall in their homes.
______
Response to Written Questions Submitted by Hon. Olympia J. Snowe to
Inez M. Tenenbaum
Question 1. Ms. Tenenbaum, small businesses represent nearly 99
percent of small businesses in the United States, and as Ranking Member
of the Committee on Small Business and Entrepreneurship, I am committed
to limiting burdensome Federal regulations on our Nation's
entrepreneurs.
With that in mind, small business owners are extremely concerned
with the Consumer Product Safety Improvement Act of 2008 (CPSIA) and
how it is being implemented by the Consumer Product Safety Commission
(CPSC). It is critical that the CPSC ensure that it is satisfying its
responsibilities of protecting the public, while mitigating the
negative impacts on small businesses.
I am specifically concerned with the CPSC's ability to exclude
goods deemed safe for public use from lead testing requirements. Many
small business owners feel that their products should be excluded, but
have yet to hear if the CPSC plans to act on additional cases. I cannot
overstate how critical it is that CPSC expeditiously work, within the
constraints of the law, to exclude merchandise that poses no danger to
the public. Additionally, businesses should be made aware of the
process which the CPSC intends to take when determining what to exempt
from third-party testing requirements. Finally, if products are
excluded, the decision must be presented with sufficient clarity and
certainty for business owners to fully comprehend the legal status of
their unique merchandise. Can you share your thoughts on this issue?
Answer. I agree that it is of the utmost importance that the CPSC
expeditiously work to develop guidance and make determinations of what
products should be exempted from the CPSIA lead limits. Clear guidance
and communication from the Commission on this issue is especially
important for small business owners. If confirmed, it is my goal to
make effective use of the new budget resources recently received by the
Commission to implement rules and regulations, and to issue clear
guidance pertaining to this issue as soon as possible. In my experience
in South Carolina, the key to successfully implementing these kinds of
comprehensive laws is providing those affected with regulations, rules,
and guidance which provide them with a clear roadmap of how the
legislation will be enforced and how to comply. If confirmed as
Chairman, I will approach the implementation issues with the CPSIA in
the same manner.
Question 2. Does the CPSC have sufficient ability under the current
statute to exempt products that do not pose a risk to children? Do you
believe, as CPSC staff insinuated in a recent letter to Representative
Dingell, that a legislative fix is necessary to give the CPSC
flexibility to implement the CPSIA? If not, why do you disagree with
the CPSC's staff position from this letter dated March 20, 2009?
Answer. As I am not yet confirmed, it would be premature for me to
take a position on whether the Commission has adequate flexibility,
under the CPSIA, to exempt children's products that do not pose a risk
to children. I know from my review of the CPSIA that there are
currently three methods built into the CPSIA to waive the lead
standards for certain types of children's products. These methods
include exemptions for inaccessible component parts, lead in certain
electronic devices, and exemption by CPSC rule where the Commission
determines that the normal and foreseeable use and abuse of a
children's product will not result in the absorption of any lead into
the body.
With regard to whether a ``legislative fix'' is necessary to give
the CPSC flexibility to implement the CPSIA, I am not currently in a
position to state whether I believe that Congress should amend the
CPSIA. I do agree with Acting Chairman Moore's position that any
request or recommendation that Congress amend the CPSIA should come
from the Commission once there are three Commissioners. If confirmed as
Chairman, I look forward to fully reviewing the implementation issues
with the other Commissioners and the CPSC staff to make these kinds of
determinations and report the Commission's ultimate findings and
recommendations to this Committee and to Congress.
______
Response to Written Questions Submitted by Hon. John Thune to
Inez M. Tenenbaum
Question 1. With regard to the implementation of the Consumer
Product Safety Improvement Act, do you believe the Commission has
adequate flexibility to waive the new lead standards or testing
requirements for certain types of children's products?
Answer. As I am not yet confirmed, it would be premature for me to
take a position on whether the Commission has adequate flexibility,
under the CPSIA, to waive the new lead standards or testing
requirements for certain types of children's products. I know from my
review of the CPSIA that there are currently three methods built into
the CPSIA to waive the lead standards for certain types of children's
products. These methods include exemptions for inaccessible component
parts, lead in certain electronic devices, and exemption by CPSC rule
where the Commission determines that the normal and foreseeable use and
abuse of a children's product will not result in the absorption of any
lead into the body. I understand that there are a number of open
rulemakings and some pending petitions involving the Commission's
interpretation of these lead exemptions that, if I am confirmed, I will
be asked to vote upon. In voting on these matters, in each instance the
Commission will be addressing its ability to grant or deny certain
requests or to grant other relief as appropriate.
Question 2. If so, do you believe the Commission can safely and
responsibly carry out the Consumer Product Safety Improvement Act while
exempting certain products such as youth ATVs, which may not pose a
significant threat in terms of lead contamination?
Answer. While it is premature for me to state whether the CPSIA
provides adequate flexibility to waive lead standards for certain
children's products, I do believe that the Commission can safely and
responsibly carry out the goals of the CPSIA if certain children's
products were to be exempted pursuant to the provisions spelled out in
that Act. The CPSIA gives the Commission the ability to exempt by rule
certain children's products from the lead limits, and I believe that
the Commission should utilize the discretion afforded to it under the
CPSIA wisely.
Question 3. I understand that the Commission has provided a stay of
enforcement for certain children's products. For example, the
Commission has provided a stay for youth ATVs through May 1, 2011.
However, State Attorneys General still have authority to enforce this
law, even though the Commission has issued a stay. How do you plan to
work with States Attorneys General to ensure these offices and the
Consumer Product Safety Commission are enforcing the same regulations?
If the Commission were to exempt certain products from the Consumer
Product Safety Improvement Act, would that restrict States Attorneys
General from taking enforcement action with regards to these products?
Answer. I hope to foster beneficial partnerships with state
attorneys general and state agencies and promote common agendas. The
Commission has requested that state attorneys general refrain from
prosecuting certain types of CPSIA violations. However, you are correct
in that the Commission cannot prohibit state attorneys generally from
bringing a civil action to obtain appropriate injunctive relief because
the Commission has stayed enforcement of certain requirements under the
CPSIA. I hope that state attorneys general will honor the Commission's
request and, if confirmed, I will do my utmost to work with them to
ensure a cooperative approach on any issues that might arise. Also, if
a state attorney general were to proceed with such an action, the
attorney general is required to give the Commission 30 days notice
before filing a complaint under the CPSIA. If the Commission was not
already informed beforehand, I believe the CPSC would use this 30-day
time period to try to address and fully resolve any issues with an
attorney general pursuing such an action. With regard to Commission
exemptions, it would be premature for me to take a position on whether
states attorneys general are restricted from taking enforcement action
on Commission-exempted children's products until I have had the benefit
of consultation with the other Commissioners and the CPSC staff on this
issue in the event that I am confirmed.
Question 4. The Consumer Product Safety Improvement Act enacts
several new regulations on manufacturers and retailers, such as third-
party testing, tracking labels, and new lead limitations. I understand
there is a cost-benefit tradeoff to this law, and we all want safer
children's products. However, the Commission should make implementation
as cost effective as possible. As the Chair of the Consumer Product
Safety Commission, what are three actions you will take to lower the
cost of compliance with this new law?
Answer. I sympathize with business owners, especially small
business owners, who will face increased costs to comply with the
mandates of the CPSIA. If confirmed, I will do my best to support
workable standards and testing regimes that minimize the economic
impact on businesses while still protecting American consumers. I do
believe that the right balance can be struck between enforcement,
testing, and keeping regulatory burdens at a level so as to make
implementation effective and cost efficient. Although it would be
premature for me to commit to specific actions I would take to ensure
cost efficiency, I can assure you that, if confirmed, I will: (1)
examine cost-effective alternatives, such as component based testing,
already recommended to the Commission by industry and small businesses;
(2) seek out ideas for other ways to lower the cost of compliance; and
(3) work with this Committee, the Congress, and industry and small
businesses on this issue.
______
Response to Written Questions Submitted by Hon. Roger Wicker to
Inez M. Tenenbaum
Question 1. By law, the Consumer Product Safety Commission has
broad authority over products in the U.S. marketplace. As a protection
against undue influence, the Consumer Product Safety Act includes
prohibitions on a Commissioner holding stocks or bonds of substantial
value in an entity engaged in business before the Commission. I
recognize your attempts to reconcile your financial interests with the
requirements of the law. Given the breadth of the Commission's
jurisdiction, will you please review your financial interests to ensure
no inherent conflict of interest will exist upon your confirmation?
Answer. In connection with the nomination process, I have consulted
with the Office of Government Ethics and the CPSC's designated agency
ethics official to identify potential conflicts of interest. If I am
confirmed as Chairman, any potential conflicts of interest that arise
will be resolved in accordance with the terms of an ethics agreement
that I have entered into with the Commission's designated agency ethics
official and that has been provided to the Committee.
Question 2. Will you also commit to recuse yourself from any and
all proceedings that may come before the Commission as a result of any
financial conflict that may arise during your tenure?
Answer. If confirmed as Chairman, whenever a potential conflict of
interest arises, I will consult with the agency's designated ethics
official and recuse myself when appropriate.
______
Response to Written Questions Submitted by Hon. David Vitter to
Inez M. Tenenbaum
Question 1. When Congress considered the CPSIA, it not only took
into account prior studies that the CPSC had conducted on various
phthalates, but also recognized that not all phthalates or other
plasticizers are equal and treated them distinctively. Therefore,
Section 108 of the bill permanently bans three low-molecular-weight
phthalates from their use in children's products and childcare
articles.
Congress also recognized the health and safety distinctions of the
high-molecular-weight phthalates, diisononyl phthalate (DINP),
diisodecyl phthalate (DIDP), and di-n-octyl phthalate (DnOP). For
these, Congress passed a narrower, temporary prohibition that is
similar to action previously taken by the CPSC involving a voluntary
prohibition of the use of DINP in pacifiers, rattles, and teethers.
After scientific review through the establishment of an independent
Chronic Hazard Advisory Panel (CHAP), the CPSC concluded in 2003 that
there was ``no demonstrated health risk'' associated with the use of
DINP in children's toys or childcare articles.
Under the requirements of the CPSIA, DINP will be studied again,
but the bill also requires that an independent team of scientists study
not only DINP and other high-molecular-weight phthalates but also the
alternatives to these phthalates. The overall goal is to determine the
safety of all plasticizers in children's products. Clearly, the intent
of Congress is that a scientific process, unfettered by political
influence, should determine the safety of plasticizers used in toys.
The study will provide the basis for a final Federal regulation on the
use of plasticizers in children's products. Therefore, it is critical
that we move forward quickly because manufacturers will use other
plasticizers that have not been nearly tested at the level that DINP
has been tested.
Given the level and amount of assessments that have been done on
certain phthalates and the relative paucity of studies of alternatives
to phthalates or other high-molecular-weight phthalates, will you work
to expedite consideration of the CHAP and issue a final regulation on
what plasticizers are safe?
Answer. If confirmed as Chairman, I will work to ensure that the
Chronic Hazard Advisory Panel's study will be performed in an impartial
manner and within the time table established by the CPSIA. It is my
understanding that the process of assembling this panel's membership is
already underway. After the panel is assembled, it is required to
complete its examination within 18 months under the CPSIA. The panel is
then required to report its findings to the Commission after 180 days
and the Commission must make a final determination on what phthalates,
if any, should be permanently banned by rule within 180 days after
receiving the panel's report. If confirmed as Chairman, I will work
with the panel and the Commission to ensure the study is impartial and
performed as expeditiously as possible within the deadlines mandated by
Congress in the CPSIA.
Question 2. In 2007, in the case involving a children's toy
product, a manufacturer substituted a particular untested and unproven
chemical in the manufacturing process. The end result was that the
product, when ingested, operated similarly to the ``date rape'' drug,
GHB, and the illness and hospitalization of some children who ingested
the beads led to a massive recall. What can the Commission do to ensure
that we are not similarly substituting chemicals that have already been
tested with others that have not been fully assessed for safety during
the duration of this temporary prohibition?
Answer. The responsibility of testing and fully assessing the
safety of these chemicals ultimately lies with the individual
manufacturers of these products. I understand this concern though and,
if confirmed as Chairman, I will work with the other Commissioners and
the CPSC staff to determine what proactive measures the Commission can
take, aside from enforcement after the fact, to prevent occurrences
similar to the Aqua Dots episode during the interim prohibition.