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NOMINATIONS TO THE 

DEPARTMENT OF COMMERCE AND 

THE CONSUMER PRODUCT SAFETY COMMISSION 

HEARING 

BEFORE THE

COMMITTEE ON COMMERCE, 

SCIENCE, AND TRANSPORTATION 

UNITED STATES SENATE 

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

AUGUST 5, 2009 

Printed for the use of the Committee on Commerce, Science, and Transportation 

( 

(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas, Ranking 

OLYMPIA J. SNOWE, Maine 

JOHN ENSIGN, Nevada 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

JOHNNY ISAKSON, Georgia 

DAVID VITTER, Louisiana 

SAM BROWNBACK, Kansas 

MEL MARTINEZ, Florida 

MIKE JOHANNS, Nebraska 

ELLEN L. DONESKI, Staff Director 

JAMES REID, Deputy Staff Director 

BRUCE H. ANDREWS, General Counsel 

CHRISTINE D. KURTH, Republican Staff Director and General Counsel 

BRIAN M. HENDRICKS, Republican Chief Counsel 

(III) 

C O N T E N T S 

Page 

Hearing held on August 5, 2009 ............................................................................. 1 

Statement of Senator Pryor .................................................................................... 1 

Statement of Senator Hutchison ............................................................................ 3 

Prepared statement .......................................................................................... 3 

Statement of Senator Begich .................................................................................. 19 

Statement of Senator Thune ................................................................................... 22 

Statement of Senator Wicker .................................................................................. 56 

Statement of Senator Klobuchar ............................................................................ 58 

WITNESSES

Hon. Mitch McConnell, U.S. Senator from Kentucky ........................................... 4 

Dennis F. Hightower, Deputy Secretary-Designate, U.S. Department of Commerce ..................................................................................................................... 6 

Prepared statement .......................................................................................... 8 

Biographical information ................................................................................. 10 

Robert S. Adler, Commissioner-Designate, U.S. Consumer Product Safety 

Commission ........................................................................................................... 24 

Prepared statement .......................................................................................... 26 

Biographical information ................................................................................. 28 

Hon. Anne M. Northup, Commissioner-Designate, U.S. Consumer Product 

Safety Commission ............................................................................................... 41 

Prepared statement .......................................................................................... 43 

Biographical information ................................................................................. 45 

APPENDIX

Response to written questions submitted to Dennis F. Hightower by: 

Hon. Frank R. Lautenberg ............................................................................... 63 

Hon. Tom Udall ................................................................................................ 63 

Hon. Kay Bailey Hutchison ............................................................................. 66 

Response to written questions submitted to Robert Adler by: 

Hon. John D. Rockefeller IV ............................................................................ 67 

Hon. Tom Udall ................................................................................................ 67 

Hon. David Vitter ............................................................................................. 69 

Response to written questions submitted to Hon. Anne M. Northup by: 

Hon. John D. Rockefeller IV ............................................................................ 69 

Hon. Tom Udall ................................................................................................ 70 

Hon. David Vitter ............................................................................................. 71 

(1) 

NOMINATIONS TO THE 

DEPARTMENT OF COMMERCE AND THE 

CONSUMER PRODUCT SAFETY COMMISSION 

WEDNESDAY, AUGUST 5, 2009 

U.S. SENATE, 

COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, 

Washington, DC. 

The Committee met, pursuant to notice, at 10 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 ARKANSAS 

Senator PRYOR. I would like to like to call our hearing to order, 

and I want to welcome everyone to the Commerce Committee here 

today and thank everyone for attending. We are going to have a 

few Senators coming and going. This is a nominations hearing. 

The President has nominated Mr. Dennis F. Hightower to be 

Deputy Secretary of the Department of Commerce. Mr. Hightower 

possesses extensive business management experience after working 

for more than 30 years in global marketing, international management, and strategic planning as the recent CEO of Europe Online 

Networks and a former senior executive of the Walt Disney Company. Mr. Hightower is well qualified to serve at the Department 

of Commerce. 

In academia and the military, Mr. Hightower also has excelled. 

He is a former professor of management at Harvard Business 

School and has spoken as a guest lecturer around the world. He 

has served on innumerable industry boards of directors. His dedication to the defense of our country cannot be overstated. I look forward to hearing his testimony, and I welcome him to this hearing. 

The President has also nominated Mr. Robert Adler and Ms. 

Anne Northup to be Commissioners on the Consumer Product Safety Commission. I want to welcome you both to the Commerce Committee. I look forward to hearing your testimony. 

And I also want to thank Chairman Rockefeller for asking me to 

chair this hearing this morning. 

The CPSC is a critically important agency over which this Committee has jurisdiction. I think we all take the agency’s mission 

very seriously of preventing injuries, saving lives, and protecting 

children, in particular. I am confident that the two nominees before 

us recognize the vital role this agency plays in protecting the public 

from public safety risks. If confirmed, I expect that both these 

2 

nominees, these Commissioners, to execute the CPSC’s responsibilities with the diligence that the American consumer deserves. 

Mr. Adler comes to us with much experience and vast knowledge 

of the law, product safety, consumer protection, and the Commission itself. He is a former Attorney Advisor to two Commissioners 

at the CPSC, a former Counsel on the House Energy and Commerce Committee, and a Professor of Legal Studies at the University of North Carolina. At Chapel Hill, Mr. Adler is the Luther H. 

Hodges, Jr. Scholar in Law and Ethics. He also has served as an 

Associate Dean of the MBA program and has won many awards for 

excellence in teaching. We recognize his expertise and knowledge, 

and we welcome his commitment to protecting consumers. 

Ms. Northup has much experience working with Congress and 

advocating for children. She represented Kentucky’s 3rd Congressional District in the U.S. House of Representatives for 10 years. 

She was instrumental in promoting child literacy and education reform. As a Member of the House, Ms. Northup also actively promoted adoption legislation. She serves as a member of the Congressional Coalition on Adoption. 

Before her tenure on Capitol Hill, Ms. Northup served in the 

Kentucky House of Representatives for 10 years. 

We welcome her knowledge of child protection and advocacy. We 

know that she will take very seriously the Commission’s responsibility to protect consumers, if confirmed. 

For years, the CPSC was a neglected and broken agency, significantly understaffed, underfunded, and lacking the authorities to 

carry out its safety mission. Unsafe and defective products swarm 

the marketplace. In 2007 and 2008, millions of children’s toys and 

other products were recalled because they were dangerous. The 

Commission could not effectively police the marketplace and protect consumers from harm. 

In response to this unacceptable situation, the Congress acted 

last year and passed a landmark overhaul of consumer product 

safety law. This Committee took a lead role in that, and I appreciate all my colleagues for their contributions to making that a very 

good bill which passed by overwhelming majorities in both houses. 

I think the new law will protect thousands of lives and prevent millions of injuries. 

Where there have been some issues with the implementation of 

the new law, I believe that the Commission has the enforcement 

discretion and the leadership to overcome these challenges and 

work through them. We do not want to punish businesses who comply with the law, but we want to protect consumers and children 

from dangerous and defective products. 

I am confident that if we confirm Mr. Adler and Ms. Northup, 

they will work very hard to resolve any implementation issues 

through a common sense approach. I am also confident that they 

will do this while promoting the primary mission of the agency, 

and that is to protect consumers and keep them safe. 

With that, I would like to turn to our Ranking Member, Senator 

Hutchison. 

3 

STATEMENT OF HON. KAY BAILEY HUTCHISON, 

U.S. SENATOR FROM TEXAS 

Senator HUTCHISON. Well, thank you, Mr. Chairman. I will not 

give my opening statement in full, but I would like for it to be included in the record. 

I think you have covered the nominees very well. I think it is 

very important that we move expeditiously on all the nominees, but 

especially for the Consumer Product Safety Commission where we 

have passed a law that should have the full Commission strength 

in order to implement the law. I, for one, believe that we need to 

look at the status of the law since we passed it because there have 

been concerns raised and a question of whether there is enough 

flexibility for the Commission to deal with the sometimes unintended consequences of the law. 

I think it is important that we have the full Commission to look 

at it, and I would agree that a common sense approach is what is 

needed right now in order to have the best results. And I think the 

bipartisanship that we showed in passing that law was to try to 

ensure that our consumers are protected. 

So with that, I will submit my comments for the record and just 

say that I have met with the nominees for the Consumer Product 

Safety Commission. I think both of them are very well qualified, 

and I look forward to having, I hope, a very expeditious markup 

this afternoon in Committee and then be able to get them confirmed so they can take their seats at the Commission next week. 

Thank you, Mr. Chairman. 

[The prepared statement of Senator Hutchison follows:] 

PREPARED STATEMENT OF HON. KAY BAILEY HUTCHISON, U.S. SENATOR FROM TEXAS

Thank you, Mr. Chairman, for holding this hearing. And thank you to the nominees for being here today. I hope that we will be able to get them through this Committee and on to the full Senate for confirmation before we recess for August. 

I first want to welcome Mr. Hightower, who has been nominated to be Deputy 

Secretary of the Department of Commerce. The Commerce Department has a very 

broad and diverse jurisdiction; it encompasses NOAA, international trade, and our 

domestic telecommunications network, among other matters. 

The functions of the Commerce Department are important to Texas. We rely on 

NOAA to provide coastal and underwater mapping and marine debris removal to 

keep our ports open and functioning. NOAA’s weather prediction and coastal storm 

recovery programs are also vital to minimizing loss of life when hurricanes hit. 

Broadband, which plays an essential role in job creation and our economic recovery, is also a key area of activity for the Commerce Department. The NTIA is currently working to administer more than $4 billion in broadband grants. I hope that 

as NTIA proceeds with its broadband policy, it will maintain a commitment to 

unserved areas as its highest priority. 

I look forward to hearing from Mr. Hightower and hearing his views on these and 

the many other important programs administered by the Department of Commerce. 

I would also like to welcome our two nominees to the Consumer Product Safety 

Commission, Mr. Adler and Congresswoman Northup. I am very pleased that the 

CPSC will be restored to a full quorum later this month. It is a small agency with 

a daunting task and it needs all of its Commissioners to properly carry out its 

charge. 

Although having a full quorum is important for the CPSC to continue its implementation of last year’s CPSIA, I would like to reiterate what I said during the 

hearing for the agency’s current Chair Inez Tenenbaum. 

I believe this Committee should hold a hearing to examine implementation of that 

law. There has been a difference of opinion about the intent of some of the language; 

what authority and how much flexibility is granted to the Commission by the law, 

4 

and who has the responsibility to fix what is broken. An opportunity for all parties 

to openly discuss the issue would be tremendously helpful. 

Especially now, as many businesses are suffering during these tough economic 

times, we should see what can be done to lessen that burden, especially on small 

businesses and home crafters. 

Besides implementation of the CPSIA, there are a number of other challenges facing the Commission, and even with the extra resources provided by Congress, it is 

a balancing act to keep up with the requirements of last year’s law while still remaining alert to possible hazards that may make their way into the stream of commerce. Everyone can agree that we want to protect consumers, and especially children, 

from harmful products. I look forward to hearing from both nominees today and 

hearing their ideas on how best to advance the Commission. 

Senator PRYOR. Thank you. 

And it is our honor to have the Senate’s Republican Leader this 

morning. Senator McConnell, we welcome you and we look forward 

to your statement. 

STATEMENT OF HON. MITCH MCCONNELL, 

U.S. SENATOR FROM KENTUCKY 

Senator MCCONNELL. Thank you, Chairman Pryor, Senator 

Hutchison, Members of the Committee. 

It is my honor to be here today to present someone to you who 

you are already familiar with and probably does not need a lengthy 

introduction, and that is Anne Northup of Louisville, Kentucky. 

Anne is a longtime friend of mine. She also is accompanied by her 

husband Woody who is a successful businessman in Louisville. We 

have known each other for longer than either of us would particularly care to admit. Throughout that time, I have been a great admirer of all she has accomplished in both her professional and her 

personal life. 

She sits before you today as the President’s nominee to be a 

Commissioner of the Consumer Product Safety Commission, which 

has a lifesaving mission to protect Americans from hazardous products. I want to thank the President for his confidence in Anne in 

selecting her for this position. I fully appreciate his desire to see 

the mission of the CPSC fulfilled and his understanding that good 

people on both sides of the aisle want to make that happen and 

have a lot to contribute. 

Anne is very much one of those people. Anne’s gift is that she 

can easily see where and why a problem exists and what the best 

solution is. She has proven she has that ability over a very long 

public career. If her track record does not convince you that she is 

a great fit for this job, then take it from me. She is smart, thorough, persistent, insightful, and an extremely hard worker. Every 

American will have reason to be thankful that she is once again 

dedicating herself to public service. We in Kentucky are certainly 

glad of it. 

As the Chairman indicated, Anne represented the 3rd District of 

Kentucky in Congress for 10 years from 1997 to 2006. The 3rd District includes virtually all of the City of Louisville, which happens 

to be my hometown, and so I was one of Anne’s constituents. She 

was recognized as a leader by her peers in the House from her very 

first term. House leadership trusted her with important legislative 

appointments dealing with issues as varied as free trade, education, and drug abuse. And we in Louisville were grateful time 

5 

and time again for her efforts on our behalf and her grace and civility on the public stage. 

Anne also, as the Chairman indicated, served in the Kentucky 

House of Representatives for 10 years and served her community 

for many years before that as an active citizen and community volunteer. 

But I do not think she would disagree when I say what is the 

most important to her and what she has had the most success at 

in a very successful life is her wonderful family. Anne and Woody 

have been married for 40 years and have six children. Woody is a 

small business owner. As I indicated, he is with her today. I am 

sure he is proud of everything that he and Anne have built together over this time period. Anne puts her family at the center of 

her life. She comes from a very large family herself. She is the second of 11 children, and she is the mother of a large family. I would 

suspect dealing with so many kids prepared her to deal with a lot 

of Members of Congress. 

[Laughter.] 

Senator MCCONNELL. But as a mom, Anne knows how important 

it is to have confidence in the safety of consumer products. She 

knows that we must look out for consumers, especially kids. She 

will bring that perspective to this job, and I know she will take the 

responsibilities of the CPSC very seriously. She understands that 

the health and safety of a lot of Americans, especially children, depends on it. 

As a Commissioner of the CPSC, Anne also will not forget that 

she is there not to create more red tape but to serve ordinary 

Americans. She understands all too well the frustrations many of 

us have in dealing with government bureaucracies. And as a 

former Member of Congress, Anne understands that regulatory 

agencies must respect the legislation Congress passes. Agencies 

like the CPSC have an important role to play, but they must never 

confuse their role with Congress’ role which is to make the law. 

No matter which way you look at it, Mr. Chairman, the President has made a wonderful choice for this nomination, and the 

American people are going to gain the services of a fighter and a 

thinker on the CPSC as a result. Most of all, they will gain the 

common sense touch of a concerned mother and a proud American. 

I could not recommend her more strongly to this Committee and 

look forward to her confirmation. 

I thank each of you for the opportunity to be here today and to 

speak on Anne’s behalf. Thank you so much, Mr. Chairman. 

Senator PRYOR. Thank you, Senator McConnell. Thank you for 

being here. We are going to do this in two panels today, and I want 

to thank you for your time and your willingness to be here today. 

Also, I want to point out that Senator McConnell set a good example by staying within his 5 minutes. 

[Laughter.] 

Senator PRYOR. So we are hoping that our other panelists will 

follow that lead. 

What we would like to do now is call up the first panel, which 

is Dennis Hightower. Mr. Hightower, if you could come forward 

and take your seat, we will let you make your opening statement. 

6 

We are asking that you keep that to 5 minutes, and then we will 

ask some questions. Mr. Hightower? 

STATEMENT OF DENNIS F. HIGHTOWER, DEPUTY SECRETARYDESIGNATE, U.S. DEPARTMENT OF COMMERCE 

Mr. HIGHTOWER. Thank you very much. 

Chairman Pryor, Ranking Member Hutchison, and other honorable Members of the Committee, I come here today with an enormous sense of humility and a deep sense of honor as the President’s nominee to be the Deputy Secretary of Commerce. 

I want to thank President Obama for nominating me, Secretary 

Locke for his enthusiastic support of my nomination, and the Members of the Committee and your staffs who were gracious enough 

to meet with me during the past week. 

At this time, I would like to introduce the Members of the Committee to my son, Dennis F. Hightower, Jr.; my fiancee, Dori Bye, 

and her parents, Mr. and Mrs. Melvin Bye; my cousins, other relatives, close friends and business colleagues, many of whom have 

traveled great distances to support me today. My brother, unfortunately, was not able to be here but he is certainly here in spirit. 

My family has long taken pride in our service to America. My 

uncle, James Daniel Fowler, was the second African American in 

the 20th century to graduate from the United States Military Academy. His daughter is here today. He was one of three members of 

my family who had the honor to attend West Point. The other three 

are graduates of the United States Naval Academy, including the 

only African American four-star admiral, Paul Reason, who is also 

here with us today. 

My own career began with 8 years as a regular Army officer in 

the United States Army, decorated for service in the Vietnam War. 

I believe that serving as the Department of Commerce’s Deputy 

Secretary would be a fitting bookend to my 40-year career in the 

private and public sectors. I am proud of the work I have done, but 

also conscious of the extraordinary role that my forbearers played 

in making this day possible. 

My family’s commitment to excellence and education can be 

traced back to my maternal grandfather and his oldest sister and 

my paternal grand aunt attending Atlanta University and Morris 

Brown College and Spelman College in Atlanta, Georgia prior to 

the start of World War I. 

My mother received her elementary, secondary, and college education here in Washington, D.C. and went on to teach for 40 years, 

starting in a one-room schoolhouse in Huntley, Virginia, then as 

the founder and principal of the Army’s GED program at Fort 

Belvoir for returning World War II veterans, followed by teaching 

adult and elementary education during her final 27 years in the 

then-segregated D.C. school system. 

I, along with several of my friends seated here today, are products of that system. We became the first full 3-year class to graduate from high school following the historic Brown v. Board of Education decision, and we know that without the nurturing, caring, 

and demand for excellence by the many great African American 

teachers of our day, I would not be sitting here before you. Their 

indelible lessons to prepare, perform, and persevere guided me durVerDate Nov 24 2008 07:52 Jun 22, 2010 Jkt 053265 PO 00000 Frm 00010 Fmt 6633 Sfmt 6601 S:\WPSHR\GPO\DOCS\53265.TXT SCOM1 PsN: JACKIE
7 

ing my matriculation at Howard University and Harvard Business 

School, throughout my military and business career, and finally, 

leading to this hearing today. 

During my public and private sector careers, I have lived and 

worked in Asia, Latin America, and Europe. My work has taken me 

to 87 countries at last count, many with multiple visits. I have run 

multi-billion consumer products and technology-based companies 

with activities spanning more than 50 countries. I have negotiated 

business deals at the highest levels with representatives of governments and companies in Eastern and Western Europe, the former 

Soviet Union, the Middle East, post-apartheid South Africa, and 

throughout Asia and Latin America. 

This experience deeply informed my teaching at Harvard Business School and my service on the boards of some of America’s 

leading corporations and startup technology companies. 

In short, I think I have developed the necessary skills to help 

make the Department of Commerce effective in its interactions 

with American companies, both large and small. 

The Department of Commerce, with thousands of dedicated employees working on everything from climate change to patents to 

international trade, has one of the broadest mandates of any Federal agency. But I believe one issue in particular demands our foremost attention. We must reestablish the primacy of the United 

States as the leader in innovation, creativity, and excellence across 

the global economic spectrum. 

There are projections that place the United States in fourth place 

over the next 20 years in terms of consumerism, manufacturing capacity, and the growth of an entrepreneurial base that keeps pace 

with new global delivery systems and developments. This forecasted outcome, to my way of thinking, is unacceptable. 

Countries such as Brazil, Russia, India, and China, often referred to as the BRIC countries, are now employing aggressive industrial policies reminiscent of Japan’s strategic commitment to 

the electronics industry in the 1960s. Today, we find ourselves competing not only with companies of great capacity, but countries intent on establishing dominance in the growth areas of the 21st century. 

During recent business travels in India, I was floored by the 

country’s commitment to reinvesting in technology and its implications for the United States. In Bangalore, you find that the technological inroads are often being created and sustained by young people under the age of 27. 

If we expect to lead, we must put our best minds on the toughest 

problems, reforming the way America uses health care, consumes 

energy, and educates our children. These reforms, which are being 

pursued relentlessly by the Administration, are absolutely necessary to create long-term and sustainable economic growth and 

jobs. I believe that the Department of Commerce is uniquely positioned to lead and support the American companies that create 

those jobs. 

I will make sure that I stay within the 5 minutes, Senator, so 

I am going to skip a few things which perhaps will come out in the 

questioning. 

8 

But I think despite the challenges facing America’s economy, we 

can be confident, thanks to the Administration’s aggressive response and the resiliency of our workers and business, that this too 

shall pass. 

Earlier in my career as a McKinsey strategy consultant, the best 

companies I worked with always looked upon economic uncertainty 

as an opportunity to reset, to right-size, to retool, to innovate, and 

to reinvest. I think that this is the opportunity that we have right 

now. And I think we must act with a renewed sense of urgency because our global competitors are neither standing still nor shy 

about taking action to exert their global economic ambitions. America must demonstrate not only a willingness to take action, but we 

must put in place the appropriate metrics to help us know when 

we have achieved the intended results. 

As I look at the challenges facing America and the Department 

of Commerce, I am reminded of a saying that defined the mission 

of one of the elite fighting forces I was a member of, and that is: 

‘‘Rangers lead the way.’’ Today, the Department of Commerce must 

lead the way to improved economic growth, enhanced job creation, 

and a future that is brighter than our past. 

In conclusion, Mr. Chairman and Members of the Committee, if 

confirmed as Deputy Secretary of Commerce, it is my intent to 

work with you in a collaborative manner to develop practical and 

timely solutions to our Nation’s economic challenges and, in the 

process, help rebuild and reinvigorate our position in the world. 

I thank you for your consideration of my nomination and the opportunity to address this Committee, and I look forward to any 

questions you might have. Thank you. 

[The prepared statement and biographical information of Mr. 

Hightower follows:] 

PREPARED STATEMENT OF DENNIS F. HIGHTOWER, 

DEPUTY SECRETARY-DESIGNATE, U.S. DEPARTMENT OF COMMERCE

Chairman Rockefeller, Ranking Member Hutchison, and honorable Members of 

this Committee, I come here today with an enormous sense of humility and a deep 

sense of honor, as the President’s nominee to be Deputy Secretary of Commerce. 

I want to thank President Obama for nominating me; Secretary Locke for his enthusiastic support of my nomination; and the Members of this Committee and your 

staffs who were gracious enough to meet with me over the past week. 

At this time, I would like to introduce the members of the Committee to my son, 

Dennis F. Hightower, Jr.; my fiance ́e, attorney Dori Bye and her parents, Mr. and 

Mrs. Melvin Bye; and other relatives, close friends and business colleagues—several 

of whom traveled great distances to support me here today. My brother, Marvin, 

was not able to be here today, but he is here in spirit. 

My family has long taken pride in our service to America. My uncle, James Daniel 

Fowler, Jr., was the second African American in the 20th Century to graduate from 

the United States Military Academy. He was one of three members of my family 

who had the honor to attend West Point. Two other family members are graduates 

of the United States Naval Academy, including the only African American four-star 

admiral—my cousin, Paul Reason—who is here today. 

My own career began with 8 years as a regular army officer that included decorated service in the Vietnam War. 

Serving as the Department of Commerce’s Deputy Secretary would be a fitting 

bookend to my 40-year career in the private and public sectors. 

I am proud of the work I have done, but also conscious of the extraordinary role 

my forebears played in making this day possible. 

My family’s commitment to excellence and education can be traced back to my 

maternal grandfather and his older sister attending Atlanta University and Morris 

Brown College, in Atlanta, Georgia, before the start of World War I. 

9 

My mother received her elementary, secondary and college education here in 

Washington, D.C. and went on to teach for 40 years. Her career began in a oneroom school house in Huntley, Virginia. She later served as a founder and principal 

of the U.S. Army’s GED programs at Fort Belvoir, Virginia for returning World War 

II veterans; before concluding her career with 27 years teaching adult night school 

and elementary school in the then segregated Washington, D.C. school system. 

I, along with several of my friends seated here today, are products of that school 

system. 

We became the first full three-year class to graduate from high school following 

the historic Brown v. Board of Education decision. Without the nurturing, caring 

and demand for excellence from the many great African American teachers of our 

day, I would not be sitting here before you. 

Their indelible lesson to ‘‘prepare, perform and persevere’’ guided me during my 

matriculation at Howard University and Harvard Business School, throughout my 

military and business career—and finally to this hearing today. 

I believe the work I have done over the last 40 years has equipped me to meet 

the various demands the Commerce Department requires of all its leaders. 

During my public and private sector careers, I have lived and worked in Asia, 

Latin America and Europe. My work has taken me to 87 countries at last count— 

many with multiple visits. I have run multi-billion dollar consumer products and 

technology-based companies with activities spanning more than 50 countries. I have 

negotiated business deals at the highest levels with government representatives and 

corporate leaders in Europe, the former Soviet Union, the Middle East, post-apartheid South Africa and throughout Asia and Latin America. 

This experience deeply informed my teaching at Harvard Business School and my 

service on the board of directors of some of America’s leading corporations and startup technology companies. 

In short, I think I have developed the necessary skills to help make the Department of Commerce effective in its interactions with American companies large and 

small. 

The Department of Commerce—with thousands of dedicated employees working 

on everything from climate change, to patents, to international trade—has one of 

the broadest mandates of any Federal agency. 

But I believe one issue in particular demands our foremost attention. 

We must re-establish the primacy of the United States as the world leader in innovation, creativity and excellence across the global economic spectrum. 

There are projections that place the United States in fourth place over the next 

15–20 years in terms of consumerism, manufacturing capacity, and the growth of 

an entrepreneurial base that keeps pace with new global developments and delivery 

systems. This forecasted outcome, to my way of thinking, is unacceptable. 

Countries such as Brazil, Russia, India and China—often referred to as the 

‘‘BRIC’’ countries—are now employing aggressive industrial policies reminiscent of 

Japan’s strategic commitment to the electronics industry in the 1960s. 

Today, we find ourselves competing not only with companies of great capacity, but 

countries intent on establishing dominance in the growth areas of the 21st Century. 

During recent business travels in India, I was floored by that country’s commitment to reinvesting in technology and the implications for the United States. I spent 

time in Bangalore visiting a veritable who’s who of global technology giants. I was 

struck not only by the technological inroads being made in newly designed, avantgarde factories and laboratories, but also by the fact that this technological revolution was often being led by young men and women under the age of 27. By and 

large, these young people were not educated in the United States like many of their 

fathers—at MIT, Cal Tech, or Rennselaer, for example—but at the Indian Institutes 

for Technology. 

If America expects to lead, we must put our best minds on the toughest problems—reforming the way America uses healthcare, consumes energy and educates 

our children. These reforms, which are being pursued relentlessly by the Administration, are absolutely necessary to create long-term and sustainable economic 

growth and jobs. 

I believe that the Department of Commerce is uniquely positioned to lead and 

support the American companies that create those jobs. 

As its name implies, the Department of Commerce plays a crucial role in implementing the Administration’s bold economic agenda. America depends on the Department for: 

• The expeditious granting of patents and intellectual property protection for our 

established and fledgling companies; 

10 

• Bringing broadband and emerging telecommunications applications to underserved and unserved communities throughout America; 

• Understanding the effects of climate change on our air, oceans and fisheries and 

promoting green technologies that could mitigate our climate challenges; 

• Identifying where the country’s human capital resides through the accurate conduct of census surveys, particularly the 2010 census; 

• Ensuring American companies compete on a level playing field around the 

globe; and 

• Ensuring emerging American companies have the resources they need to become the global leaders of tomorrow. 

These are but a few of the ways the Department of Commerce is an indispensable 

ally for America’s businesses. 

Despite the challenges facing America’s economy, we can be confident, thanks to 

the Administration’s aggressive response and the resiliency of our workers and business, that ‘‘this too shall pass.’’ 

Earlier in my career as a McKinsey strategy consultant, the best companies I 

worked with looked at economic uncertainty as an opportunity to re-set, to rightsize, to re-tool, to innovate, and to re-invest in our economy. 

That is the opportunity we have right now. 

America must now act with a renewed sense of urgency. Our global competitors 

are neither standing still nor shy about taking action to exert their global economic 

ambitions. America must demonstrate not only a willingness to take action, but we 

must put in place the appropriate metrics to help us know when we have achieved 

the intended results. 

As I look at the challenges facing America and the Department of Commerce, I 

am reminded of a saying that defined the mission of one of the elite fighting forces 

I was a member of, and that is: ‘‘Rangers lead the way!’’ 

Today, the Department of Commerce will lead the way to improved economic 

growth, enhanced job creation and a brighter future than our past. 

Mr. Chairman and Members of the Committee, if confirmed as Deputy Secretary 

of Commerce, it is my intent to work with you in a collaborative manner to develop 

practical and timely solutions to our Nation’s economic challenges; and in the process, help rebuild and reinvigorate our position in the world. 

I thank you for your consideration of my nomination, and the opportunity to address this Committee. I look forward to any questions you might have. 

A. BIOGRAPHICAL INFORMATION

1. Name (Include any former names or nicknames used): 

Dennis Fowler Hightower. 

2. Position to which nominated: Deputy Secretary of Commerce. 

3. Date of Nomination: July 24, 2009. 

4. Address (List current place of residence and office addresses): 

Residence: Information not released to the public. 

5. Date and Place of Birth: 28 October 1941; Washington, D.C. 

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). 

Children: Son—Dennis Fowler Hightower, Jr., age 43; Daughter—Dawn Denise 

Hightower, age 41. 

7. List all college and graduate degrees. Provide year and school attended. 

Harvard University Graduate School of Business, MBA—1974. 

Howard University, BS—1962. 

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. 

I have had management responsibilities in all of my jobs. 

1962–70—U.S. Army, Regular Army Officer. 

Resigned in June 1970 with the rank of Major. Served in Airborne Infantry 

(Platoon Leader, Company Commander Air Operations Officer) and strategic and operational intelligence positions in the U.S. and abroad (counterVerDate Nov 24 2008 07:52 Jun 22, 2010 Jkt 053265 PO 00000 Frm 00014 Fmt 6633 Sfmt 6621 S:\WPSHR\GPO\DOCS\53265.TXT SCOM1 PsN: JACKIE
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intelligence, field operations intelligence, Defense Intelligence Agency, 

Army General staff—intelligence); Army Ranger and Senior Parachutist; 

Decorated Vietnam Veteran (Intelligence Command and staff in combat 

unit). 

1970–1972—Xerox Corporation, Manager of Organizational Planning—Research 

and Engineering Group. 

1974–1978—McKinsey and Company, Inc., Management Consultant—Senior 

Associate and Engagement Manager. 

Strategy consultant to companies in the auto, consumer goods, industrial 

goods, and technology sectors. 

1978–1981—General Electric Company, Manager of Operational Planning. 

Lighting Components division, Asian and Latin American sourcing, Acquisitions and New Business development. 

Vice President and General Manager. 

GE Lighting Business in Monterrey, Mexico (vertically integrated supplier 

of complete range of lighting products to Mexico, Venezuela, Brazil, and the 

U.S. Auto Industry). 

1981–1984—Mattel, Inc., Vice President, Corporate Planning. 

Global Business Development, Acquisitions and Divestitures. 

1984–1987—Russell Reynolds Associates, Inc., Managing Director and Los Angeles Office Manager. 

Recruited senior executive talent for global companies. 

1987–1996—The Walt Disney Company. 

President of Walt Disney Television & Communications (1995–1996); senior 

executive responsible for profitable managing mufti-billion dollar global enterprises in over 50 countries. 

President of Consumer Products, Europe/Middle East and Africa (1992– 

1995). 

Executive Vice President of Consumer Products, Europe/Middle East (1990– 

1992). 

Senior Vice President of Consumer Products, Europe (1989–1990). 

Vice President of Consumer Products, Europe (1987–1989). 

1996–2000—Harvard Business School, Professor of Management. 

First year MBA program with a focus on leadership, managing change, 

building emerging markets, and global general management from the perspective of the general manager; helped develop course curriculum and 

taught in senior executive programs in South Africa and the Middle East 

to train future leaders in those regions. 

2000–2001—Europe Online Networks, S.A., Chief Executive Officer. 

A privately-held broadband interactive entertainment company based in 

Luxembourg. 

1996–Present—Board of Directors of leading publicly-held and privately-held 

companies and trustee of non-profit and educational institutions. 

(Also paid in recent years for speeches through Big Speak Bureau and National 

Association of Corporate Directors). 

9. Attach a copy of your resume. A copy is attached. 

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. 

2007–Present—Member of the Defense Business Board. 

Consists of advisors to the Secretary of Defense and the Chairman of the 

Joint Chiefs on the application of best practices in business to the defense 

community. 

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. 

12 

Accenture, Ltd.—Independent Director. 

Brown Capital Management Company—Independent Director, Investment Management Advisor. 

Casey Family Programs—Trustee. 

Domino’s Pizza, Inc.—Independent Director. 

Lightfleet Corp.—Independent Director. 

Bert King Foundation—Board Member. 

Camp Atwater Advisory Council—Co-Chair. 

Gillette Company—Independent Director. 

Northwest Airlines—Independent Director. 

TJX Companies—Independent Director. 

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. 

1960–Present—Kappa Alpha Psi Fraternity (Life Membership)—African American fraternal organization. 

1987–2005 The Jonathan Club, Los Angeles, CA. 

1987–2007 Le Cercle Foch, Paris, France. 

1993–2005—The French Heritage Society Board. 

1995–2005—The California Club, Los Angeles, CA. 

1996–1998—National Association of Guardsmen, Los Angeles Chapter—social 

organization for African American men. 

1996–2003—Howard University Board of Trustees. 

1997–2005—Andrew Young Center for International Affairs, Morehouse College, 

Chair. 

1997–2009—Ron Brown Scholar Program Selection Committee, Founding Member. 

1997–Present—Bert King Foundation Founding Board Member. 

1999–2001—The Corcoran Gallery of Art Board. 

2004–Present—Sigma Pi Phi Fraternity, Epsilon Boule, Member—African 

American fraternal organization. 

13. Have you ever been a candidate for and/or held a public office (elected, nonelected, or appointed)? If so, indicate whether any campaign has any outstanding 

debt, the amount, and whether you are personally liable for that debt: No. 

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. 

2008—Hillary Clinton—$1,000. 

2008—Barack Obama—$1,000. 

No political office held on any level and no services rendered to a state or national political party or election committee. 

15. List all scholarships, fellowships, honorary degrees, honorary society memberships, military medals, and any other special recognition for outstanding service or 

achievements. 

1960–1966—Kappa Delta Pi—National Education Honor Society; Scabbard & 

Blade—National Military Honor Society; Pi Sigma Alpha—National Political 

Science Honor Society. 

1962–70—U.S. Army Officer (2Lt To Major): Awarded 2 Bronze Stars, Purple 

Heart, 3 Air Medals, Joint Service Commendation Medal, 5 Army Commendation Medals (1 For Valor), Vietnamese Honor Medal First Class, Vietnamese 

Cross Of Gallantry, Meritorious Unit Citation, Vietnamese Civic Action Medal, 

Combat Infantryman Badge, Expert Infantryman Badge, Army Ranger Tab, 

Senior Parachutist Badge, Expert Weapons Designation (Rifle, Bayonet Grenade). 

1972–74: COGME Fellowship to Study at Harvard Business School. 

13 

1974: Charter Member, National Military Intelligence Association. 

1976: Outstanding Young Men of America. 

1984: Howard University Los Angeles Alumni Chapter, Outstanding Alumni 

Award for Achievement In Business. 

1985: Proclamation by Mayor of Washington, DC ‘‘Dennis F. Hightower Day— 

1 April 1985.’’ 

Presidential Citation, National Association of Equal Opportunity in Higher Education. 

1986: Howard University Alumni Award for Distinguished Postgraduate 

Achievement in Business and Administrative Service. 

1988: Black Enterprise Magazine—‘‘Top 25 Hottest Black Managers in Corporate America.’’ 

1989 and 1995: Howard University School of Business Awards—Chair Of Visiting Committee and 25th Anniversary Award. 

1992: Harvard Business School Alumni Achievement Award. 

Edges Group ‘‘Breaking the Corporate Ceiling’’ Award. 

1993: Black Enterprise Magazine: ‘‘40 Most Powerful Black Executives.’’ 

1993, 2006, 2008: Who’s Who in the World; Leading Business Professionals; Executives and Professionals. 

1995: Harvard Business School African American Alumni Association Alumni of 

the Year—International Achievement. 

Cover of Black Enterprise Magazine: ‘‘A Whole New World at Disney.’’ 

1996: Howard University—Honorary Doctor of Humane Letters. 

Charles R. Drew Medical School, Los Angeles, CA Lifetime Achievement Award. 

U.S. Department of Commerce Pioneer Award (Minority Business Development 

Agency). 

1997: Morehouse College ‘‘Candle in Business’’ Award. 

Howard University Athletic Association Buffalo Soldier Award: ‘‘Athlete to Business Leader.’’ 

2002: U.S. Military Academy Bicentennial Recognition Tray; Friend of West 

Point. 

2003: The Tuxedo Ball Award for Corporate Leadership. 

2004: U.S. Military Academy Preparatory School Recognition Plaque. 

Founding Sponsor—U.S. Army National Museum. 

2005: Institute for the Advancement of Minority And Multi-Cultural Medicine— 

‘‘Eagle Fly Free’’ Cancer Survivor Award. 

2006: ‘‘Camp Atwater 85’’ Anniversary—‘‘Dr. William N. Deberry Legacy 

Award.’’ 

2008: ‘‘Harvard Business School African American Alumni Association—‘‘Bert 

King Award for Service.’’ 

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. 

From 1965 to 1970, I wrote articles for classified intelligence community publications (none of these were in the public domain). 

I do not believe I have given speeches on topics directly related to the position 

for which I am nominated, i.e. On programs for which the Department is responsible. More generally, over the years, I have given numerous speeches at management conferences and academic lectures on global leadership, building emerging 

markets, and infusing innovation and creativity into global business operations. For 

example, recent speeches I have record of are: 11.28.2006—Leading the 21st Century: The DNA of a Leader—given to Northern Trust; 3.28.2007—Leading the 21st 

Century: The DNA of a Leader—given to Northern Trust; 10.24.2008—Meeting the 

Challenge: Leading in a Tough Economy—given to Tyco Safety Products. 

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. 

I have never testified before Congress. 

18. Given the current mission, major programs, and major operational objectives 

of the department/agency to which you have been nominated, what in your backVerDate Nov 24 2008 07:52 Jun 22, 2010 Jkt 053265 PO 00000 Frm 00017 Fmt 6633 Sfmt 6621 S:\WPSHR\GPO\DOCS\53265.TXT SCOM1 PsN: JACKIE
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ground 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 am a seasoned business executive with extensive global leadership experience. 

I have successfully negotiated business ventures, acquisitions and divestitures, and 

strategic alliances with leaders in industry and with senior members of foreign governments in some 87 countries for more than 30 years. 

I have lived in Asia twice, Latin America, and Europe twice. I have developed successful new businesses in every country in western Europe and eastern Europe (before the demise of Communism); the Russian and Georgian republics of the former 

Soviet Union; the Middle East; post-Apartheid South Africa; and Brazil, Mexico, 

Hong Kong, Japan, Singapore, Taiwan, and Thailand. 

I believe this global leadership experience allows me to bring a unique perspective 

to the role of Deputy Secretary. I have the personal attributes and qualities to lead 

in a fast-changing global economic setting; to develop and execute aggressive strategies; to lead successful implementation; and to develop the next generation of career 

leaders who provide the on-going continuity as Administrations come and go. 

It would be a distinct privilege at this moment in history to add value to the economic agenda of the President. Everything I have done over the past 47 years has 

prepared me for this role. I consider it an honor to serve. I began my adult life in 

service to my country as a military officer, and I can think of no better way to culminate my life’s work than to serve once more in a senior capacity that would assist 

our Nation in regaining and sustaining its global leadership. 

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? 

Proper management and accounting controls are critical. I believe my principal 

roles will be to elevate the operating capabilities of the various agencies of the department to deliver increased efficiency, motivate the talented human resources 

within the department to operate within a spirit of total transparency, and ensure 

that operating performance meets or exceeds agreed upon measurable outcomes. 

I have led and profitably grown multi-billion dollar global consumer products and 

technology-based businesses with operations in over 50 countries. Activities have encompassed strategic planning and execution, creating innovative products and services, marketing and promotion, manufacturing, trademark licensing, vertical integration, high-technology, publishing—and perhaps, most importantly, motivating 

people to reach beyond their grasps. 

20. What do you believe to be the top three challenges facing the department/ 

agency, and why? 

1. Motivating agency heads and staff to think boldly, and to plan and execute 

programs aggressively in the new global economic environment in which we find 

ourselves. 

2. Building credibility with the global business community. We must reestablish 

the primacy of the United States as the global leader in terms of innovation, 

creativity and excellence across the broad economic spectrum. 

3. Ensuring that the Department of commerce serves its purpose as a vital component toward the restoration of the economy. The Department should set the 

pace for global change in the commercial arena. 

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. 

Presently, I receive compensation as follows: 

Boards 

Accenture: an annual cash retainer and annual restricted stock units that vest 

1 year following the annual grant. 

Brown Capital Management Company: annual cash retainer paid semi-annually. 

Casey Family Programs: annual trustee fee paid monthly in cash. 

Domino’s Pizza, Inc.: annual cash retainer, committee and meeting fees and annual nonqualified stock options that vest 1 year after the award. 

15 

Speaking Engagements 

From time to time, I speak at business management conferences and lecture at 

business schools in the United States and Europe—for a fee or honorarium. 

Retirement plan 

I receive a key man pension and a defined benefit plan pension from the Walt 

Disney Company. The benefits under this pension are shared equally with my 

former spouse pursuant to a divorce decree dated 19 July 2007. 

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 Department 

of Commerce’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 Department’s designated agency ethics official and that has been provided to this Committee. This 

agreement has been reviewed by the Office of Government Ethics. 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. 

Any potential conflicts of interest will be resolved in accordance with the terms 

of an ethics agreement that I have entered into with the Department’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 have not personally engaged in any such activity. Casey Family Programs, of 

which I am a board member, provides expert testimony and white papers to Congress on children and foster care. Additionally, I serve on boards of corporations 

that engage in lobbying and legislative outreach, but board members do not directly 

engage in such activities. 

6. Explain how you will resolve any potential conflict 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 Department 

of Commerce’s designated agency ethics official to identify potential conflicts of interest. This agreement has been reviewed by the Office of Government Ethics. Any 

potential conflicts of interest will be resolved in accordance with the terms of an ethics agreement that I have entered into with the Department’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: No. 

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. 

I was sued in 2002 because of a delinquent personal loan. The loan was paid in 

full soon thereafter and the case was dismissed with prejudice. Cardinal Holdings 

Ltd. v. Hightower, Case No. 1:02cv1866 (D.D.C.) 

In September 2006, my wife at the time filed for divorce and a settlement decree 

was signed hi July 2007. 

In addition, in my capacity as an independent director of Northwest Airlines, 

Panamsat Corporation, and the Gillette Company, I have been listed as a defendant 

in cases but have not participated in them in any way. Based on a public records 

search of cases, these include: Cress v. Wilson, 06 Civ. 2717 (S.D.N.Y.); Hastings v. 

Wilson, Civ. No. 05–2566 (D. Minn.); Karpuik v. Wilson (D. Minn.); Peter Schoenfeld 

16 

Asset Mgmt. LLC v. Shaw, No. 20087NC (Del. Ct. of Chancery ); Berkowvits v. Kilts, 

et al., No. 1087–N (Del. Ct. of Chancery); Kohn v. Kilts, et al., No. 1092–N (Del. Ct. 

of Chancery ); and Freedman v. Kilts, et al., No. 1130–N (Del. Ct. of Chancery ). 

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. 

RESUME OF DENNIS F. HIGHTOWER

Dennis F. Hightower is a seasoned business executive with extensive global general management experience. His distinguished career spans the private and public 

sectors, including more than 30 years of experience in global marketing, strategic 

planning, operations and international general management. 

Most recently, Mr. Hightower was Chief Executive Officer of Europe Online Networks S.A., a privately held broadband interactive entertainment company based in 

Luxembourg. From 1987 to 1996, Mr. Hightower was a Senior Executive of The 

Walt Disney Company, where he led multi-billion dollar enterprises as President of 

Walt Disney Television & Telecommunications and President of Consumer Products, 

Europe/Middle East and Africa. 

Hightower has made a continuing commitment to training future business leaders 

as a former Professor of Management at Harvard Business School, where he focused 

on leadership, building emerging markets and global general management. He has 

also been a guest lecturer at business schools throughout the world including IMD 

in Switzerland, INSEAD in France and the London Business School; and at the U.S. 

Military Academy (Bicentennial) and the USMA Preparatory School. 

Hightower most recently served on the Boards of Directors of Accenture, Domino’s 

Pizza, Lightfleet (a start-up high technology company), and privately-held Brown 

Capital Management. He has formerly served as a board member of The Gillette 

Company, Northwest Airlines, PanAmSat Corporation, Phillip-Van Heusen Corporation, The TJX Companies, Inc., and as a member of the Price Waterhouse Chairman’s Advisory Council. 

Previously, Mr. Hightower has demonstrated a willingness to serve his country as 

a decorated Vietnam veteran and as a member of the Defense Business Board. 

Hightower was a Regular Army officer for 8 years, rising to the rank of Major by 

age 27. While on active duty he was awarded numerous decorations for meritorious 

achievement and valor. 

Mr. Hightower holds an M.B.A. degree from the Harvard Business School and a 

B.S. degree and honorary doctorate from Howard University. He received the Alumni Achievement Award in Business from Howard University in 1986, the Alumni 

Achievement Award from Harvard Business School in 1992, and the U.S. Department of Commerce Pioneer Award in 1996. 

Senator PRYOR. Thank you, Mr. Hightower. Thank you for your 

statement. 

I know that Secretary Locke shares your concern about our innovation, our creativity, our excellence. I would probably add to that 

our technology commitment. I know in the Senate we have tried to 

17 

focus on things like science parks, innovation prizes, nanotechnology research, the technology innovation program. 

What are your plans to try to get more innovation, more creativity, more excellence out there around the country? 

Mr. HIGHTOWER. I think part of the answer to that, Senator, is, 

one, having a deeper understanding than I do today of what actually goes on specifically within the Department. Again, assuming I 

am confirmed, then that would be one of the first tasks, to begin 

to thoroughly understand the mission and what commonality, what 

threads run through the operations of the Department of Commerce to ultimately get to the mission of serving the American 

business and the economic platform better. 

As my experience would suggest, it does all start with leadership 

because, at the end of the day, what we are talking about is how 

do you get people motivated and inspired to do their best. So to the 

extent to which we have the best people in place to run those agencies, that we can come up with a unified mission, one that everyone 

can rally around, I think that is the starting point to begin to attempt to both understand, put together the correct agenda, and 

most importantly, execute that agenda with the metrics that tell us 

whether we have achieved those noble objectives. 

Senator PRYOR. Earlier this year, the Congress set up the 

Broadband Technology Opportunities Program, also called BTOP. 

The idea there is to get broadband in places where it is not currently today. I think that a very important piece of this puzzle for 

innovation and investing in the future economy and the changing 

economy of this country is to try to make broadband more available 

to more people and more communities. 

Do you have any comment on that? 

Mr. HIGHTOWER. Yes, in fact, I do. My comments are twofold. 

One, I have run such a company in Luxembourg, a satellite company that delivered 2–3 megabit streams into personal computers 

with television quality, all interactive. I served for 7 years on the 

board of Pan Am Sat Corporation, who at the time had the largest 

number of birds in the air, about 23 satellites. And I understand 

the issues around repointing and repositioning to be able to provide 

coverage. 

And I will certainly get into this more deeply, if confirmed, and 

that is, it becomes more of an issue of how one allocates, because 

we look at the terrestrial platforms that many of these satellites 

bounce off of. It is to me a question of: how do we equitably allocate 

so that rural communities have the same access and opportunity 

as the more developed urban centers? So I certainly appreciate the 

importance and the urgency, and I have had some direct experience 

in trying to do that. 

Senator PRYOR. Senator Hutchison? 

Senator HUTCHISON. Thank you, Mr. Chairman. 

I would like to ask you, just as I asked Secretary Locke, when 

he came before the Committee, about opening access for American 

businesses in foreign countries to help our jobs and markets. What 

would be your approach to that issue and how could we do even 

more than we are doing now to open markets for the United States’ 

businesses? 

18 

Mr. HIGHTOWER. I think, Senator Hutchison, again I would refer 

to and rely on experience having done that over the last 25 years, 

particularly in Eastern Europe and the Soviet Union, the Middle 

East, and Europe and also Asia. 

First and foremost is the notion of enforcing the agreements that 

are in effect. We have a number of trade agreements where one 

could question the diligence by which we ensure that our companies who make that investment, who are trying to create opportunities for the global market are not always supported because of 

the relative lack of enforcement. So I think enforcement becomes 

a very key issue in order to set the framework, the proper framework, in order to do that. 

Second, I think that we have got to look at some sort of partnership with small companies and large companies. The large companies became large because of a certain set of economic conditions 

which may not exist today that existed perhaps 30 or 40 years ago. 

So my experience has been that the extent to which we can provide 

strategic alliances where we have the larger companies providing 

certain capacity capability to recognize the skills and talents of the 

smaller companies, the ‘‘lift as you climb’’ approach, then we have 

the ability to close what I call the aspiration gap. There are companies of small size who have capacity and capability but who often 

do not have the opportunity to leverage that. Larger companies 

who are globally-based have that capacity and ability. 

So I think, to the extent that we can provide some sort of linkage 

on the ground to allow this issue of what is my aspiration as a 

small company versus what is my current capability and how do 

we close that gap—I think to the extent that we can provide those 

kinds of strategic alliances and linkages as the larger companies 

begin to continue their expansion around the world, that again provides the next generation of economic opportunity for those companies here in the U.S. 

Senator HUTCHISON. I think that is a very good point, and I hope 

you do pursue that with the Secretary. 

Let me ask you if there are particular parts of the world that you 

think are important for us to have better trade relationships and 

investment opportunities with that you would suggest to the Secretary that the Commerce Department focus on. 

Mr. HIGHTOWER. My recent experience suggests that it all focuses on Asia. If I believe most of the projections that I have read 

and have been a part of providing data for, in the next 25 years, 

over 60 percent of all consumer spending is going to occur between 

China and India. So to the extent that we understand that China, 

with roughly 25 to 26 percent of our current debt, has to be more 

of a spender as opposed to an investor, I think this will go a long 

way. So I think the emphasis and the effort directed in that regard 

will have handsome payoff to the extent that we have a focused 

strategy. 

India likewise, because of their commitment to technology and 

excellence. Because as I have been in India and you look at what 

is happening there in Bangalore, as I mentioned, these young people are not coming to the United States anymore to study as their 

fathers might have done at MIT, Cal Tech, Rennselaer, and some 

of the other premier science and engineering schools. They are 

19 

being educated by the Indian institutes of technology. So they are 

reinvesting in their own people in those countries. 

When you look at the sale of Jaguar and Range Rover to Tata, 

Tata now will become one of the largest automotive manufacturers 

in the world. So we are obliged to deal not only with Tata, we are 

obliged to deal with India because of the resources that the Indian 

economy is putting behind because they want a certain level of economic excellence and economic primacy as well. So unless we begin 

to understand how those two countries function, how they think 

about global economic development, we are going to have an issue 

that is not going to have the outcome that we want. 

So I would say one of my early priorities certainly upon confirmation would be to look at, one, the trade issues and, two, how 

do we then use the leverage of the classic innovation and some of 

the new technology that we have and can bring to bear to change 

the dynamic that currently exists with those countries in particular. 

Senator HUTCHISON. Mr. Chairman, I know my time is up, and 

the nominee’s answers are very good. I would just make one point 

and that is I hope you will also look at Central and South America 

as a way to use trade and investment opportunities to help shore 

up democracies and stability in our own hemisphere. 

Mr. HIGHTOWER. If I could just add to that, I think Brazil represents certainly that challenge. I remember when I was running 

businesses in Brazil back in 1979, 1980, and 1981 based in Mexico, 

the old cruzeiro was adding three zeroes every month. We were in 

3,000 percent inflation, and I was managing businesses for Jack 

Welch at GE and Jack did not care whether the three zeroes were 

being added. He wanted the results. 

So those countries now have attained a level of stability and economic prowess that we cannot ignore, and I agree with you certainly that these are the kinds of issues that we are going to have 

to face in Latin America. 

Senator HUTCHISON. Thank you very much. 

Senator PRYOR. Thank you. 

Senator Begich? 

STATEMENT OF HON. MARK BEGICH, 

U.S. SENATOR FROM ALASKA 

Senator BEGICH. Thank you very much, Mr. Hightower, for your 

willingness to serve and also congratulations for you and your 

fiancee. 

Mr. HIGHTOWER. Thank you. 

Senator BEGICH. Also, to the other nominees, I will not be able 

to stay, but I look forward to having you all three confirmed. I 

think you bring incredible experience and ideas to the Commerce 

Department and the CPSC. 

But just to be parochial for a moment, as a Senator from Alaska, 

I like to remind, as I did Secretary Locke, how the Commerce Department—half your budget is NOAA. Half of NOAA is Alaska. 

[Laughter.] 

Senator BEGICH. Not that I want to be parochial. 

Mr. HIGHTOWER. I understand, sir. 

[Laughter.] 

20 

Senator BEGICH. I want to make sure, as I tell folks, that the 

Commerce Secretary and Deputy Secretary are really going to be 

fishermen. 

So I appreciate all your international trade conversation because 

I think that is important, but for Alaska’s perspective and actually 

for the country, when you look at the fishing industry, which has 

about 58,000 people employed, we provide 62 percent of all the natural-caught fish in the country, which is international in its business. If you go to McDonald’s and get a fish sandwich, probably 95 

percent of that product is coming from Alaska. But because of the 

international trade issues, we also have strong interests in the 

markets specific of the Pacific Rim because of fishing. 

So can you give me just a little comment—and I am going to go 

back to some of your others with regard to technology, especially 

in rural communities—but first on the fishing industry or what 

knowledge—and you can acknowledge if you do not have as much. 

That is fine. I am going to then also invite you to Alaska, as I do 

to every Commerce person. Fishing is good now too. 

[Laughter.] 

Senator BEGICH. But let me ask you, can you give me some 

thoughts on how you see that industry and maybe your role as the 

Deputy Secretary in regard to the fishing industry not only from 

a national perspective, but international? 

Mr. HIGHTOWER. I think, one, it is fair to say that I have not 

been briefed on that issue. I can say that as a scuba diver of 30 

years, that I do appreciate fish because that is one of the reasons 

why you dive, to see the wonderful fish. 

But I do understand the importance of the issue, and I think as 

the Secretary and I begin to define how we will work together and 

the priorities, it is very clear, having spoken with Secretary Locke, 

that fishing, fisheries and fishery management are very high on 

the agenda and the extent to which I will have a direct role with 

NOAA and some of the related agencies, you can be assured that 

we will be collaborative and work with you on those issues because 

we do understand the importance of them. 

Senator BEGICH. Excellent. I would be interested in, depending 

on how that role defines, if you are engaged in the fishing industry, 

we would love to, I am sure—I know Washington State—if Maria 

was here—Senator Cantwell and Senator Snowe were here, we 

would probably want to get you around to the different industries 

because they are very unique and they are very American. They 

produce jobs here and there is huge opportunity for value added. 

Let me expand a little bit on your telecommunications in rural 

Alaska. As I like to describe here, we consider it extreme rural, because some areas you literally cannot drive to. So telecommunications, rural communications is critical for not only life safety but 

also for commerce. Can you expand a little bit? I heard you say a 

little bit about how to get to or how to expand into rural communities. Can you give me a little more meat on that? I would love 

to hear some. 

Mr. HIGHTOWER. Yes. I think part of the issue—I, again, experienced this firsthand as a board member of PanAmSat where if the 

issue had to do with defense and some of the other esoteric bands 

that were bounced off of those satellites, there was never an issue 

21 

of repointing. When it came to other issues, they sort of fell by the 

wayside. I think having experienced the frustration of other users 

or other potential users not being able to have the repointing to 

allow the kind of coverage that you just described, I think that 

gives me a sensitivity, a level of understanding which I think I 

should be able to bring to bear in terms of how we then set priorities of what birds are in the air, whether it is Intelsat or some of 

the other providers now. And I think that is a collaborative effort 

because we understand the importance of defense and how those 

programs oftentimes take priority because I also sit on the Defense 

Business Board, so I do have an understanding of how that works 

and why it is necessary. But there are also other factors, as you 

described, that are equally as important, and we have got to figure 

out what a practical solution to those expanded opportunities are. 

Senator BEGICH. Excellent. Again, for the same reason, I think 

we have some unique opportunities up there because of military as 

well as Commerce—— 

Mr. HIGHTOWER. Exactly. 

Senator BEGICH.—the combination of the two and the rural aspect and how we use it for telemedicine and a variety of other life 

safety kind of issues. So we will look forward to that. 

I will end on this last question, because my time has expired. In 

trade agreements, if you could name just the top three things that 

you think are important in trade agreements from our perspective, 

what would those be? And I will end there and let you just—— 

Mr. HIGHTOWER. Top three in terms of content or top three in 

terms of how we approach dealing with—— 

Senator BEGICH. How we approach dealing. 

Mr. HIGHTOWER. I think we have got to approach the core elements of trade agreements on what is best for America. We have 

got to start from a certain premise that says: these are the areas 

that are peculiarly and uniquely important to us and we have got 

to then be willing to stand up and have the courage of conviction 

to fight for what we want. In the absence of that, we will find what 

has already happened in some of the Asian countries where the 

government has taken a role, a more aggressive role and has redirected resources to create an unfair playing field, one where company margins, if you look at the balance sheet, are unrealistically 

low. Investment incentives are unrealistically high. And we are trying to do it ‘‘the right way,’’ and in so doing, we often become a 

second class citizen in that process because we are playing with 

one arm tied behind our backs. 

So I think to me, fundamentally, we have got to understand why 

we are there, what leverage we bring to bear, use some of the leverage financially, and other relationships. It requires partnerships 

also. Sometimes we have to call on our other partners who have 

supported us in other areas, other countries around the world to 

say, look, this is really how we have to deal with an emerging issue 

that is an unfair setting and correct that. 

Senator BEGICH. Very good. Thank you very much. Thank you for 

your time and I wish you the best. 

Mr. HIGHTOWER. Thank you, sir. Thank you very much. 

Senator PRYOR. Senator Thune? 

22 

STATEMENT OF HON. JOHN THUNE, 

U.S. SENATOR FROM SOUTH DAKOTA 

Senator THUNE. Thank you, Mr. Chairman. 

Mr. Hightower, congratulations. Welcome to the Committee. 

Mr. HIGHTOWER. Thank you very much. 

Senator THUNE. I also want to welcome the nominees this morning for the CPSC and particularly recognize a classmate of mine 

from the House of Representatives, Anne Northrup, and her husband, Woody. I can say, having served for a number of years with 

her in the House, there is not anybody who cares more about the 

people that she represents or works harder on behalf of the people 

that she represented when she was a Member of the House of Representatives. Not only does she bring great talent to this position, 

but also great passion and a powerful work ethic that I think are 

going to reflect extremely well on the CPSC and on the Administration. So, a great selection by the President. And I want to welcome 

Anne and wish you well. 

Mr. Hightower, Senator Begich has talked about the extreme 

rural in Alaska. I guess South Dakota would be near extreme. 

[Laughter.] 

Senator THUNE. We are probably not real extreme. But I am interested in some of the same issues that he mentioned. One in particular is the Broadband Technology Opportunity Program. My understanding is the first round of awards is not going to come until 

October, perhaps even later. I would just pose the question that 

given the primary thrust of the stimulus was job creation, can anything be done to speed up the timing of some of those awards? 

Mr. HIGHTOWER. Again, Senator, until confirmation does occur, it 

certainly is not appropriate for me to dig deeply in that, but I do 

have, obviously, a point of view about that, which would suggest 

that the sooner we can do it, the better. And the way in which we 

define sort of the allocation metric is going to be an important determinant to ensure that the funds do get out to rural communities 

as expeditiously as possible within the context of the policy that I 

understand is in the process of being developed. 

So if I were confirmed to be in that role as the Deputy Secretary, 

it is clear that that will be one of the top priorities because that 

is a clear issue that I know the Secretary has already made a commitment to, and as sort of the chief operating officer, if you will, 

of the Department, clearly that is going to be on my list. 

Senator THUNE. Well, I look forward to working with you on 

that. As I said, part of this is timing and getting as much accelerated as we can to get the optimum value of the job creation potential that exists with that program. 

What do you see—sort of looking in the crystal ball—as perhaps 

the greatest long-term threat to our economy right now, as you 

project out into the future? 

Mr. HIGHTOWER. I think the threat posed has two elements to it, 

at least. The external threat, I believe, is the one that I began to 

describe earlier and that is countries beginning to see themselves 

as on par with us in terms of innovation and creativity and creating that entrepreneurial base that drives future development and 

the willingness of countries to change and re-allocate their reVerDate Nov 24 2008 07:52 Jun 22, 2010 Jkt 053265 PO 00000 Frm 00026 Fmt 6633 Sfmt 6601 S:\WPSHR\GPO\DOCS\53265.TXT SCOM1 PsN: JACKIE
23 

sources much as Japan, Inc. did in the electronics industry in the 

1960s. 

The second threat I believe is an internal one of malaise. To the 

extent that jobs do not get created, to the extent that companies 

do not recover, then we find ourselves being sort of hit by a double 

whammy. And there is a morale issue that says how do you then 

reconstitute and recreate that manufacturing base. How do you 

deal with outsourcing versus development from within? So I think 

the extent to which we can get our arms and our minds around the 

severity of not doing the right thing to get these jobs created, that 

is perhaps a greater threat than even the external. 

Senator THUNE. Let me just ask one question with regard to an 

issue that I think is on everybody’s mind these days, and that is 

the fiscal situation that we find ourselves in as a nation, trillion 

dollar deficits projected out as far as the eye can see. 

The Department of Commerce has 37,000 employees and a $13 

billion budget. I guess I am interested in what your thoughts are 

in terms of, as you take over the day-to-day management of that, 

improving the operations of the management of the Department in 

a way that would save tax dollars and hopefully get the Department operating in a way that is less costly and maybe help us tackle, at least to some extent, the deficit issue that is, I think, really 

going to plague us in the future if we do not get our arms around 

it. 

Mr. HIGHTOWER. I think it would fall into what I would consider 

sort of a classic taking over a new business approach where my 

role, I think, would be to go in and understand sort of the race— 

you know, what is going on right now and understanding not only 

the mission, you know, the things that are the key objectives that 

are currently underway and what the outcomes are going to be and 

the cost of those outcomes, and then performing a fairly sophisticated, what we would call an overhead value analysis to say are 

the things that we have set about doing the right things and are 

we putting the right sorts of resources behind. 

I would say it would be more of a surgical approach where there 

are elements of those 11 agencies who may need more resources, 

but the tradeoff will be who would then take less resources, understanding that the pie is fairly fixed, that there is a finite amount 

that we are going to be working with. This is an approach I have 

taken in every business that I have run over the last 25 years. I 

think I understand how to do that, and the key will be making sure 

I understand where we are now in order to know what is the correct, right-sizing because is what we are really talking about. And 

that always has an economic fallout, which is we are being more 

efficient, more productive using the taxpayers’ dollars in a much 

more efficient manner. 

Senator THUNE. Well, I can say I think we look forward to working with you on that subject as well. 

Mr. HIGHTOWER. Likewise. 

Senator THUNE. Mr. Chairman, we have, as you know, many important issues in this Committee, such as FAA reauthorization, a 

new multiyear highway bill, issues dealing with broadband stimulus funding, as I mentioned earlier, and CPSC. There are many 

important issues to work with you on. So we look forward to that. 

24 

Mr. HIGHTOWER. I am looking forward as well, upon confirmation. 

Senator THUNE. Thank you for your willingness to serve. 

I see my time has expired. Thank you, Mr. Chairman. 

Senator PRYOR. Thank you, Senator Thune. 

I want to thank you, Mr. Hightower, for being here today. Senator Hutchison and I do not have any other questions, but we want 

to thank you for being here today and thank you for your participation and all your preparation. 

Mr. HIGHTOWER. Thank you very much. 

Senator HUTCHISON. Thank you very much. You did a very nice 

job. 

Mr. HIGHTOWER. Thank you. Mike Montelongo sends his regard 

as well. 

Senator HUTCHISON. Oh, good. Thank you very much. 

Mr. HIGHTOWER. An old friend. 

Senator HUTCHISON. Yes. He is very good as well. Thank you. 

Mr. HIGHTOWER. Thank you very much, Senator. Thank you, sir. 

Senator PRYOR. Thank you. 

We are going to bring up our second panel now, which is Robert 

Adler and Anne Northup. If you all could swap out the seats there. 

What I would like to do is recognize Mr. Adler first for his 5- 

minute opening and then recognize Ms. Northup for hers. So as 

soon as we get situated, we will be underway. 

Again, welcome, both of you, to the Committee. Mr. Adler, if you 

could go ahead and start. 

STATEMENT OF ROBERT S. ADLER, COMMISSIONERDESIGNATE, U.S. CONSUMER PRODUCT SAFETY COMMISSION 

Mr. ADLER. Thank you very much, Senator Pryor. Good morning, 

Senator Pryor, Ranking Member Hutchison, and members of the 

Senate Commerce, Science, and Transportation Committee. 

I am extremely honored to have been nominated by President 

Obama to serve as a Commissioner at the U.S. Consumer Product 

Safety Commission, an agency that I have been involved with, one 

way or another, for the past 36 years. If confirmed, I look forward 

to working with newly appointed Chairman Inez Tenenbaum and 

the other CPSC Commissioners and I hope soon-to-be Commissioner, Anne Northup, to promote product safety for American consumers in a vigorous and responsible fashion. 

At this point, I would like to introduce my wife, Terrie Gale, and 

my son, Paul Adler. Terrie has just stepped down after 17 years 

as the Attorney for the police department in Chapel Hill, North 

Carolina, and if you were wondering who dealt with the 50,000 

screaming fans after we won the NCAA championship, you are 

looking at her. This January, Terrie and I will celebrate 35 years 

of marriage, and I want to thank her for her love, support, and 

friendship over these years. 

My son, Paul, is a third-year graduate student on his way to a 

Ph.D. in modern American history at Georgetown University. What 

amazes me about my son is that as a result of his studies, he now 

knows more about the 1960s and the 1970s than I do, and I lived 

through them. 

25 

Mr. Chairman and Members of the Committee, as I reflect on my 

life and career, I like to think of it as one dedicated to public service, which I hope to continue at the CPSC. Going back some 40 

years, I was one of those early eager volunteers in the War on Poverty. In that case, I went to work in a legal services program in 

Pittsburgh where I specialized in consumer law reform litigation, 

which sparked a lifelong commitment on my part to promoting and 

protecting consumer rights. 

Following this job, I served as a Deputy Attorney General for the 

Pennsylvania Justice Department, heading a regional office of consumer protection. At the Bureau of Consumer Protection, among 

other things, I fought to stop pyramid sales schemes, bad collection 

practices, odometer rollbacks, and a whole variety of business 

fraud. 

While I was in Pittsburgh, I helped organize a local consumer 

group headed by a professor of electrical engineering at CarnegieMellon University named David Pittle. And David is actually in the 

audience somewhere. One day out of the blue, David informed me 

that he was soon to be appointed as one of the five original Commissioners at the newly established Consumer Product Safety Commission. To my delight, he invited me to join him as his attorneyadviser, which began my 36-year association with the CPSC, which 

is an agency whose mission I strongly cherish and support. 

I actually worked on Commissioner Pittle’s staff for 9 years, and 

each year that passes confirms for me that he represents the very 

best of what a CPSC Commissioner should be. With a Ph.D. in 

electrical engineering and a solid foundation in science, he never 

fell for rhetorical or simplistic solutions. He always insisted on 

sound facts supported by technical excellence when he made decisions. Never once in the years I worked for him do I recall him 

casting a product safety vote in a political or partisan manner. 

Should I be confirmed, I hope to operate with the same dedicated, 

pragmatic, data-driven, fact-based approach that he did. 

Shortly after this, I joined the Subcommittee on Health and the 

Environment of the House Energy and Commerce Committee 

which was then chaired by Congressman Henry Waxman, and one 

of my major assignments was oversight of the Consumer Product 

Safety Commission. I am sure everyone here knows Congressman 

Waxman’s many outstanding accomplishments as a legislator, but 

on a personal note, I want to say he is one of the finest, most decent, and gracious bosses I have ever had. 

After my years on the Health Subcommittee, I received and accepted an offer to join the faculty at the University of North Carolina at Chapel Hill as one of four law professors in the business 

school. After years of late nights spent researching, writing, and 

publishing, I did receive tenure and today I am a full professor 

with the title of Luther Hodges, Jr. Scholar in Law and Ethics. 

Mr. Chairman, as I contemplate a return to the CPSC, I am well 

aware that the product safety challenges are not necessarily the 

same as when I left. To pick just one example, I note that imported 

products now present far more serious problems than in years past. 

In fact, as I understand it, roughly 85 percent of current CPSC recalls involve imported products. 

26 

Nor is the CPSC the same agency that I left. It has gone through 

some very turbulent times over the years and, to my way of thinking, regrettably has emerged as a far smaller agency, though with 

the same very large mandate. For example, I note that even with 

the infusion of the new funding in Consumer Product Safety Improvement Act, the agency’s authorized staff level remains more 

than 40 percent below that of 30 years ago. 

I would like to make one last brief comment about the recently 

enacted CPSIA. I believe that passage of this act stands as a monumental achievement in promoting product safety, and I want to 

commend the Congress for enacting it. But I can see the challenge 

of meeting the 40-plus deadlines in the act, and I know that has 

been, and continues to be, an immense and daunting challenge. I 

have little doubt that every staff member at the agency will work 

tirelessly to implement the many remaining requirements, and if 

I am confirmed, I hope to be part of that massive effort. 

I certainly look forward to working with all of you and your 

staffs, if I am confirmed. From my perspective, the critical element 

is to maintain a clear, transparent line of communication between 

the agency and the Congress so that both sides are confident that 

American consumers’ best interest is being served. 

I thank you so much for considering my nomination to be a 

CPSC Commissioner, and if confirmed, I pledge my strongest commitment to carrying out my responsibilities in this job. I look forward to your questions. 

[The prepared statement and biographical information of Mr. 

Adler follows:] 

PREPARED STATEMENT OF ROBERT S. ADLER, COMMISSIONER-DESIGNATE, U.S. CONSUMER PRODUCT SAFETY COMMISSION

Good morning, Mr. Chairman, Ranking Member Hutchison, and members of the 

Senate Commerce, Science, and Transportation Committee. 

I am extremely honored to have been nominated by President Obama to serve as 

a Commissioner at the U.S. Consumer Product Safety Commission (CPSC), an agency that I have been involved with in one way or another for the past 36 years. If 

confirmed, I look forward to working with newly-appointed Chairman Inez 

Tenenbaum and the other CPSC Commissioners to promote product safety for 

American consumers in a vigorous and responsible fashion. 

I would like to introduce my wife, Terrie Gale, and my son, Paul Adler. Terrie 

has just stepped down after 17 years as the attorney for the police department in 

Chapel Hill, North Carolina. This January, Terrie and I will celebrate 35 years of 

marriage, and I thank her for her love, support and friendship over these years. 

My son, Paul, is a third year graduate student on his way to a Ph.D. in Modern 

American History at Georgetown University. What amazes me about Paul is that, 

as a result of his studies, he knows more about the 1960s and 1970s than I do— 

and I lived through them. 

Mr. Chairman and members of the Committee, as I reflect on my life and career, 

I like to think of it as one dedicated to public service—which I hope to continue at 

the CPSC. As a young lawyer some 40 years ago, I eagerly enlisted in the War on 

Poverty in a program run by the Federal Office of Economic Opportunity as a Reginald Heber Smith Community Lawyer, or ‘‘Reggie’’ as we were called. In this capacity, I worked at a legal services program in Pittsburgh for several years specializing 

in consumer law reform litigation—which sparked a lifelong commitment to promoting and protecting consumer rights. 

Following this job, I served as a Deputy Attorney General for the Pennsylvania 

Justice Department heading a regional office of consumer protection. At the Bureau 

of Consumer Protection, among other things, I fought to stop pyramid sales 

schemes, bad collection practices, odometer rollbacks, and other varieties of business 

fraud. Dealing with the victims of these abuses only heightened my commitment to 

safeguarding consumers in the marketplace. 

27 

During my years in Pittsburgh, I helped organize a local consumer group headed 

by a Professor of Electrical Engineering at Carnegie-Mellon University, David Pittle. 

One day out of the blue, David informed me that he was soon to be appointed as 

one of the five original Commissioners at the newly-established Consumer Product 

Safety Commission. To my delight, he invited me to join him as his attorney-adviser. Thus, began my 36-year association with the Consumer Product Safety Commission, an agency whose mission I strongly cherish and support. 

I worked on Commissioner Pittle’s staff for 9 years, and each year that passes 

confirms for me that David represents the very best of what a CPSC Commissioner 

should be. Given his deep commitment to the consumer movement, David always 

fought to protect and promote consumer rights, but he relied on more than sympathy and good intentions. With a Ph.D. in electrical engineering and a solid foundation in science, David never fell for rhetorical or simplistic solutions. He always 

insisted on sound facts supported by technical excellence when he made decisions. 

Never once in the years I worked for him do I recall him casting a product safety 

vote in a partisan manner. Should I be confirmed, I hope to operate with the same 

dedicated, pragmatic, fact-based approach that he did. 

After David’s departure, I briefly worked for Sam Zagoria, a wonderful and witty 

CPSC Commissioner who left the agency when Ben Bradlee, the editor of the Washington Post, asked him to join the paper as its Ombudsman. This ended my years 

working at the CPSC, but did not end my involvement with the agency. Shortly 

after this, I joined the Subcommittee on Health and the Environment of the House 

Energy and Commerce Committee chaired by Congressman Henry Waxman, where 

one of my major assignments was oversight of the CPSC. I’m sure everyone here 

knows Congressman Waxman’s many outstanding accomplishments as a legislator, 

but on a personal note I want to say that he is one of the finest, most decent and 

gracious bosses I’ve ever had. 

After several years on the Health Subcommittee, I accepted an offer to join the 

faculty at the University of North Carolina at Chapel Hill as one of four law professors in the business school. After several years of late nights spent researching, 

writing and publishing, I received tenure, and I am today a full professor with the 

title of Luther Hodges, Jr., Scholar in Law and Ethics. 

In my 20-plus years at Kenan-Flagler, as the business school is now known, I 

have served as Associate Dean heading its undergraduate program and later its 

MBA program. I have taught a variety of commercial law courses, the school’s mandatory business ethics course, and, most recently, a course in negotiation. In addition, for several years, I taught a course in business-government relations. 

One of the delights of being a professor for me has been the opportunity to reflect 

on my time at the CPSC and on the Hill working on product safety issues. I have 

written a number of articles on these topics, and I think my understanding of the 

issues has grown as a result of my academic research. My commitment to and support for the CPSC as a necessary part of protecting consumers in the market has 

certainly deepened over the years. 

As I contemplate a return to the CPSC, I am well aware that the product safety 

challenges are not necessarily the same as when I left. To pick just one example, 

I note that imported products now present far more serious problems than in years 

past. In fact, as I understand it, roughly 85 percent of current CPSC recalls involve 

imported products. 

Nor is the CPSC the same agency that I left. It’s gone through some turbulent 

times and regrettably has emerged as a far smaller agency—though with the same 

large mandate. In 1981, for example, the CPSC had a staff of roughly 900 FTE’s. 

And while I am extremely encouraged by the recent hiring of a number of talented 

new agency staff, I note that even with the infusion of new funding in the Consumer 

Product Safety Improvement Act (CPSIA), the agency’s authorized staff level remains more than 40 percent below that of thirty years ago. 

I would like to make one brief comment about the recently-enacted CPSIA. I believe that passage of this Act stands as a monumental achievement in promoting 

product safety, and I can see that the challenge of meeting the 40-plus deadlines 

in the Act has been and continues to be immense and daunting. That said, I know 

that the CPSC staff has already met numerous deadlines through their hard work, 

and I have little doubt that every staff member at the agency will work tirelessly 

to implement the many remaining requirements. If I am confirmed, I hope to be 

part of that massive effort. 

I also look forward to working with all of you and your staffs if I am confirmed. 

From my perspective, the critical element is to maintain a clear, transparent line 

of communication between the agency and the Congress so that both sides are confident that American consumers’ best interest is being served. 

28 

I thank you for considering my nomination to be a CPSC Commissioner, and, if 

confirmed, I pledge my strongest commitment to carrying out my responsibilities in 

this job. I am now delighted to answer your questions. 

A. BIOGRAPHICAL INFORMATION

1. Name (Include any former names or nicknames used): 

Robert Sanford Adler. 

Nickname: Bob. 

2. Position to which nominated: Commissioner, U.S. Consumer Product Safety 

Commission. 

3. Date of Nomination: June 9, 2009. 

4. Address (List current place of residence and office addresses): 

Residence: Information not released to the public. 

Office: Room 4412 McColl Building, CB# 3490, McColl Building, Kenan-Flagler 

Business School, University of North Carolina—Chapel Hill, Chapel Hill, NC 

27599–3490. 

5. Date and Place of Birth: September 27, 1944; Reno, Nevada (Washoe County). 

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). 

Spouse: Terrie Jean Gale, Police Attorney, Chapel Hill Police Department, 

Chapel Hill, North Carolina; children: Paul Kogan Adler (son), Age 27, Graduate student in History, Georgetown University. 

7. List all college and graduate degrees. Provide year and school attended. 

J.D., 1969, University of Michigan Law School. 

A.B., 1966, University of Pennsylvania. 

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. 

2003–present—Luther Hodges, Jr. Scholar in Law & Ethics (effective 2006), 

Professor of Legal Studies, Kenan-Flagler Business School. 

2002–2003—Associate Dean, MBA Program, Kenan-Flagler Business School. 

1995–2002—Professor of Legal Studies, Kenan-Flagler Business School. 

1994–1998—Associate Dean, Undergraduate (BSBA) Program, Kenan-Flagler 

Business School, University of North Carolina. 

1987–1995—Associate Professor of Legal Studies, Kenan-Flagler Business 

School, University of North Carolina (received tenure, 1990). 

1985–1987—Counsel to the Subcommittee on Health and the Environment, 

Committee on Energy and Commerce, U.S. House of Representatives, Washington, D.C. 

1984–1985—Of Counsel, Schmeltzer, Aptaker and Sheppard, Washington, D.C. 

1983–1985—Adjunct Professor, Washington College of Law, American University, Washington, D.C. 

1982–1984—Attorney-advisor to Commissioner Sam Zagoria, U.S. Consumer 

Product Safety Commission, Washington, D.C. 

1973–1982—Attorney-advisor to Commissioner R. David Piffle, U.S. Consumer 

Product Safety Commission, Washington, D.C. 

1971–1973—Deputy Attorney General, Director, Southwestern Regional Office, 

Pennsylvania Bureau of Consumer Protection, Pennsylvania Justice Department, 

Pittsburgh, PA. 

1969–1971—Director, Consumer Division, Neighborhood Legal Services Association, Pittsburgh, PA. 

I have highlighted above the jobs in which I have had management/supervisory 

responsibility (as opposed to strictly academic or professional responsibility). Most 

of the jobs I have held since 1973 have related in some fashion, either by employment or my scholarship, to consumer issues, and specifically to consumer product 

safety issues. 

9. Attach a copy of your resume. A copy is attached. 

29 

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. 

Member, Obama Transition Team and co-author of Report on U.S. Consumer 

Product Safety Commission, 2008–2009. 

Member, North Carolina Chief Justice’s Commission on Professional Responsibility, 2007–2008. 

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. 

Name/Location Position/Nature of Affiliation Dates 

Bylinski Consulting 

Chapel Hill, NC 

Provide negotiation and ethics training to Navy 

Advanced Mgt. Program at Navy Logistics Base 

in Athens, GA 

From at least 2001 

to present; 2–3 times 

a year on average 

Institute for Defense and Business, 

Chapel Hill, NC 

Provide negotiation training to military officials 

who run depots and manufacture arsenal (also, 

I taught one negotiation course in MBA Program run by IDB) 

From 2004 to 

present; once a year 

Eastman Chemical Company 

Kingsport, TN 

Provide two-day negotiation training sessions 2003 to present; 2–3 

times a year 

C.B. Fleet, Inc. Lynchburg, VA Provided a one-day negotiation program at company headquarters January 2008 (onetime event) 

Sherman Associates 

Minneapolis, MN 

Provided a one-day negotiation program at company headquarters January 2007 (onetime event) 

N.C. State University and Food 

Systems Leadership Institute, 

Raleigh, NC 

Provided half-day negotiation program to incoming deans of Schools of Agriculture Once in 2008 and 

once in 2005 

Hutchison Law Group 

Raleigh, NC 

Provided one-day negotiation training course to 

law firm 

July 2007 (One-time 

event) 

Wells Fargo Bank 

Des Moines, IA 

Provided two-day negotiation training programs 

for bank officials 

From at least 2001 

to 2007 

Duke Corporate Education, Thomas 

Center, Durham, NC 

Provided evening program on ethics to VNU 

Corporation for Duke Ed Center 

September 2005 

(One-time event) 

McDonald’s Corporation, Oak 

Brook, IL 

Provided ethics training for senior company officials From at least 2000 

to 2005 

Program on Public Life, Center for 

the Study of the American South, 

University of North Carolina, 

Chapel Hill, NC 

Provided a lecture on ethics to Conference of 

Southern Legislators 

Once in 2007 & once 

in 2008 

Public Health Leadership Institute, 

Gillings School of Public Health, 

University of North Carolina, 

Chapel Hill, NC 

Provided negotiation training program to public 

health officials 

2003–2005 (no work 

done since 2005) 

CMR Institute, Roanoke, VA Reviewed a textbook on ethics in medical device 

field 

Once in 2004 and 

once in 2007 

American College of Obstetricians 

& Gynecologists Leadership 

Institute, NC Institute for Public 

Health, Carrboro, NC 

Teach a half-day program on negotiation skills 2005 to present; once 

a year 

Consumers Union 

Yonkers, NY 

Member, Board of Directors. CU is the publisher of Consumer Reports. 1989 to 2009 (resigned, 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 orVerDate Nov 24 2008 07:52 Jun 22, 2010 Jkt 053265 PO 00000 Frm 00033 Fmt 6633 Sfmt 6621 S:\WPSHR\GPO\DOCS\53265.TXT SCOM1 PsN: JACKIE
30 

ganization. Please note whether any such club or organization restricts membership 

on the basis of sex, race, color, religion, national origin, age, or handicap. 

Member, Board of Directors of Consumers Union, publisher of Consumer Reports magazine, 1989–05/2009. No membership restrictions. 

Member, North Carolina Bar, 1989–present. No membership restrictions. 

Member, District of Columbia Bar (inactive), 1976–present. No membership restrictions. 

Member, Pennsylvania Bar (inactive), 1969–present. No membership restrictions. 

Member, Academy of Legal Studies in Business, 1987–present. No membership 

restrictions. 

Member and occasional Chair of various university committees and academic 

organizations affiliated with University of North Carolina-Chapel Hill. No membership restrictions. 

Member, Chapel Hill Kehillah Synagogue, 2003. Membership limited to Jewish 

faith or spouse (or partner) of Jewish member of congregation. 

Member, Judea Reform Synagogue, 1989–2003. Membership limited to Jewish 

faith. 

13. Have you ever been a candidate for and/or held a public office (elected, nonelected, or appointed)? If so, indicate whether any campaign has any outstanding 

debt, the amount, and whether you are personally liable for that debt: No. 

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. 

Barack Obama, 2008—$825.00 

John Edwards, 2007–2008—$595.00 

15. List all scholarships, fellowships, honorary degrees, honorary society memberships, military medals, and any other special recognition for outstanding service or 

achievements. 

Faculty Appreciation Award for Distinguished MBA Teaching (2005–2009). 

Recipient of Dean’s Teaching Bonus (2005–2006) (2006–2007). 

Gerald Barrett Faculty Award (excellence in teaching and service in the UNC 

Kenan-Flagler MBA Program) 2004. 

Best Article Award, CPR Institute for Dispute Resolution, for article in Harvard 

Negotiation Law Review [‘‘When David Meets Goliath: Dealing With Power Differentials in Negotiations, 5 Harv. Neg. L. Rev. (Summer 2000) pp. 1–112 (coauthored with Elliot Silverstein)]. 

President, The University of North Carolina at Chapel Hill, Academy of Distinguished Teaching Scholars, 2003–2007 (association of faculty who have won university-wide teaching awards). 

Order of the Grail-Valkyries, 1999 (UNC Student and Faculty Honorary Society). 

Order of the Golden Fleece, 1997 (UNC Student and Faculty Honorary Society). 

Tanner Award for Excellence in Undergraduate Teaching (university-wide 

teaching award), 1996. 

O’Herron Scholar, (excellence in teaching and research) 1996. 

Elected to Board of Directors, Consumers Union, publishers of Consumer Reports (1989–2009) (resigned 5/2009). 

McColl Award for Teaching, Research and Service Excellence, 1994. (UNC Business school award). 

UNC Business School Undergraduate Program Distinguished Teaching Award, 

1990. 

Federal Executive Board, Outstanding Achievement, 1973. 

Reginald Heber Smith Fellow, 1969–1971. 

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. 

31 

(a) Refereed Articles: 

‘‘Mastering the Art of Negotiating With Liars,’’ Sloan Management Review, Vol. 

48, No. 4 (Summer 2007) pp. 69–74. 

‘‘Flawed Thinking: Addressing Decision Biases in Negotiation,’’ Ohio State Journal on Dispute Resolution, Vol. 20, No. 3 (2005) pp. 683–774. 

‘‘When David Meets Goliath: Dealing With Power Differentials in Negotiations,’’ 

Harvard Negotiation Law Review, (co-authored with Elliot Silverstein) Vol. 5 

(Summer 2000) pp. 1–112. 

‘‘Here’s Smoking At You, Kid: Has Tobacco Product Placement in the Movies 

Really Stopped?’’ University of Montana Law Review, Vol. 60 (2) (Summer 1999) 

pp. 243–284. 

‘‘Emotions in Negotiation: How to Handle Fear and Anger,’’ (co-authored with 

Ben Rosen and Elliot Silverstein) The Negotiation Journal Vol. 14 (2) (April 

1998) pp. 161–179. 

‘‘The Preemption Pentad: Federal Preemption of Products Liability Claims After 

Medtronic v. Lohr,’’ (co-authored with Rob Leflar) University of Tennessee Law 

Review Vol. 64 (Spring 1997) pp. 691–748. 

‘‘Encouraging Employers To Abandon Their ‘‘No Comment’’ Policies Regarding 

Job References: A Reform Proposal,’’ (co-authored with Ellen Peirce) Washington 

& Lee Law Review, Vol. 50, No. 4 (1996) pp. 1381–1469. 

‘‘Addressing Product Misuse at the Consumer Product Safety Commission: Redesigning People Versus Redesigning Products,’’ University of Virginia Journal 

of Law & Politics Vol. XI, No. 1 (Winter 1995) pp. 79–127, reprinted in Charles 

H. Koch, Jr., Fundamentals of Administrative Practice and Procedure (3rd ed.) 

‘‘Preemption and Medical Devices: The Courts Run Amok,’’ (co-authored with 

Richard Mann) University of Missouri Law Review Vol. 59 (Fall 1994) pp. 895– 

945. 

‘‘Good Faith: A New Look At An Old Doctrine,’’ (co-authored with Richard A. 

Mann) Akron Law Review Vol. 28 (Summer 1994) pp. 31–52. 

‘‘The Last Best Argument for Eliminating Reliance From Express Warranties: 

‘Real World’ Consumers Don’t Read Warranties,’’ U. of So. Carolina Law Review, Vol. 45 (Spring 1994) pp. 429–475. 

‘‘Avoiding Misuse of New Information Technologies,’’ (co-authored with Paul 

Bloom and George Milne) Journal of Marketing, Vol. 58 (January 1994) pp. 98– 

110. 

‘‘The Legal, Ethical and Social Implications of the ‘Reasonable Woman’ Standard in Sexual Harassment Cases,’’ (co-authored with Ellen Peirce) Fordham 

Law Review, Vol. 361, No. 4 (March 1993) pp. 773–827, reprinted in Ethics in 

the Workplace, E. Ottensmeyer and G. McCarthy (1996) pp. 211–235. 

‘‘Contemporary Ethical Issues in Labor-Management Relations,’’ Journal of 

Business Ethics (co-authored with William Bigoness), Vol. 11 (1992) pp. 351– 

360. 

‘‘Cooperative Learning Groups in Undergraduate and Graduate Contexts: Different Strokes for Different Folks,’’ Journal of Legal Studies Education (co-authored with Ed Neal), Vol. 9, No. 3, (Fall 1991) pp. 427–435. 

‘‘Stalking the Rogue Physician: An Analysis of the Health Care Quality Improvement Act,’’ American Business Law Journal, Vol. 28, No. 4, (1991) pp. 

683–741. 

‘‘Shaping Up Federal Agencies: A Basic Training Program for Regulators,’’ The 

University of Virginia Journal of Law & Politics, Vol. VI, No. 2 (co-authored 

with Stephen Klitzman & Richard Mann) (1990) pp. 343–371. 

‘‘From ‘Model Agency’ to Basket Case: Can the Consumer Product Safety Commission Be Redeemed?’’ Administrative Law Review, Vol. 41, (1989) pp. 61–129. 

‘‘The 1976 Medical Device Amendments: A Step in the Right Direction Needs 

Another Step in the Right Direction,’’ Food Drug Cosmetic Law Journal, Vol. 

43, No. 3. pages 511–532 (1988). Revised and updated as ‘‘Legislation Needed 

to Improve the Medical Devices Law’’ in The Medical Device Industry: Science, 

Technology, and Regulation in a Competitive Environment, pp. 531–549 (1990). 

‘‘Product Recalls: A Remedy in Need of Repair,’’ Case Western Law Review, Vol. 

34, No. 4 (co-authored with Teresa M. Schwartz) (1983–84) pp. 401–464. 

32 

‘‘Cajolery or Command: Are Education Campaigns an Adequate Substitute for 

Regulation?’’ Yale Journal on Regulation, Vol. 1, No. 2 (1984) (co-authored with 

R. David Pittle) pp. 159–193. 

‘‘Commentary on Product Liability: An Interaction of Law and Technology,’’ 

Duquesne Law Review, Vol. 12 (1974) (co-authored with R. David Pittle) pp. 

487–495. 

(b) Chapters in Books: 

‘‘Product Safety: The Consumer Product Safety Commission,’’ in Changing 

America: Blueprints for the New Administration (co-authored with R. David 

Pittle) pp. 540–553 (1993). 

‘‘A Framework for Identifying the Legal and Political Risks of Using New Information Technologies to Support Marketing Programs,’’ (co-authored with Paul 

N. Bloom & George Milne), Monograph for Marketing Science Institute, Report 

No. 92–102, February 1992, reprinted as ‘‘Identifying the Legal and Ethical 

Risks and Costs of Using New Information Technologies To Support Marketing 

Programs,’’ in The Marketing Information Revolution, Harvard Business School 

Press, 1994, pp. 289–305 (1994). 

‘‘Psycholegal Aspects of Organizational Behavior: Assessing and Controlling 

Risk’’ in Handbook of Psychology and Law, eds. Dorothy K. Kagehiro & William 

S. Laufer, pp. 523–541 (co-authored with Alan J. Tomkins & Bart Victor)(1992). 

‘‘Product Safety: the Consumer Product Safety Commission’’ in America’s Transition: Blueprints for the 1990s, (co-authored with R. David Piffle) 268–86 

(1989). 

(c) Professional Publications: 

‘‘Thrust and Parry: The Art of Tough Negotiating,’’ (co-authored with Ben Rosen 

and Elliot Silverstein) Training & Development, Vol. 50, No. 3 (March 1996) 42– 

48. 

‘‘New Leadership at the Consumer Product Safety Commission: Will It Make A 

Difference?’’ TRIAL, Vol. 30, No. 11 (November 1994) 63–67. 

‘‘The CPSC at 20 Is Still Immature,’’ TRIAL, Vol. 28, No. 11 (November 1992) 

pp. 30–34. 

‘‘New CPSC Act: A Disappointment,’’ TRIAL, Vol. 27, No. 11 (November, 1991) 

pp. 18–25. 

‘‘Manufacturers Blind CPSC to Product Hazards,’’ TRIAL, Vol. 26, No. 10 (October, 1990) pp. 20–24. 

‘‘Toy Safety: No Kidding Around,’’ TRIAL, Vol. 25, No. 11, pages 44–47 (1989). 

‘‘Of Ketchup, Ozone, and Airline Delays: A Regulatory Legacy,’’ Legal Times 

(April 11, 1988) pp. 18–20; reprinted as ‘‘Rethinking Reagan’s Deregulation 

Drive,’’ Miami Legal Review (May 2, 1988) pp. 9–10; and reprinted as ‘‘Reagan’s 

Deregulation Efforts Have Done More Harm Than Good,’’ Manhattan Lawyer, 

(April 19–25, 1988) pp. 30–31. 

‘‘Will CPSC Halt U.S. Export of Hazardous Items? Legal Times (April 16, 1984) 

pp. 113. ‘‘Does CPSC’s Past Bode Ill for Future of Regulatory Negotiations?’’ 

Legal Times (June 20, 1983)(co-authored with R. David Pittle) pp.10–11. 

(d) Book Reviews: 

‘‘Innovation, Safety, and Costs: A Delicate Balance,’’ Review of Managing the 

Medical Arms Race: Innovation and Public Policy in the Medical Device Industry, (University of California Press) in Health Affairs, Vol. 12, No. 3 (Fall 1993) 

pp. 271–273. 

Review of The Product Liability Handbook: Prevention, Risk, Consequence and 

Forensics of Product Failure, ed. Sam Brown (Van Nostrand Reinhold 1991), 

Products Liability Law Journal, Volume 3, No. 3 (May 1992) pp. 212–218. 

Review of R. Mayer, The Consumer Movement: Guardians of the Marketplace 

(Twayne 1989) and D. Vogel, Fluctuating Fortunes: The Political Power of Business (Basic Books 1989), Journal of Consumer Policy, Volume 14 (1991) pp. 

243–248. 

(e) Other Publications: 

‘‘Time to Strengthen Consumer Protection,’’ Christian Science Monitor (May 8, 

1989)(coauthored with R. David Pittle) p. 18. 

33 

Lawsuits Without Lawyers, monograph on lawsuits in small claims courts (1973) 

(coauthored with Carol Knutson, Larry Slesinger, and David Worstell) pp. 1– 

49. 

(f) Speeches and Presentations: 

‘‘Consumer Product Safety Commission: Reflections from the Obama Transition 

Team’’ to Conference of International Consumer Product Health and Safety Officials (ICPHSO), Orlando, Florida (February 25, 2009). 

‘‘One Million ATV Injuries Later. . . . Will the End of the Consent Decree Bring 

More Consumer Litigation? The Government Perspective’’ Nationwide Teleconference by Telephone, December 2 and December 4, 1998. 

‘‘A Strategic Plan for ICPHSO,’’ at conference of International Consumer Product Health and Safety Officials, Orlando, Florida (February 26–27, 1998). 

‘‘The Future of Product Safety and Product Liability,’’ at conference of International Consumer Product Health and Safety Officials, Key West, Florida (February 28, 1997). 

‘‘Product Safety versus Product Liability,’’ at conference of International Consumer of Consumer Product Health and Safety Officials (February 29, 1996). 

‘‘Remarks on CPSC Long-Range Plan,’’ testimony before Chairman and Commissioners of the U.S. Consumer Product Safety Commission, Washington, D.C. 

(June 18, 1992). 

‘‘Regulation, Deregulation, and Reregulation,’’ presented at American Business 

Law Association Conference (August 17, 1990), Toronto, Canada (jointly presented with Richard A. Mann). 

‘‘The Role of Federal Safety Standards in Product Liability Litigation, presented 

at Conference on ‘‘Avoiding Product Liability Suits,’’ Union College (July 12, 

1990). 

‘‘Needed: A College for Regulators,’’ presented at Southeastern Regional Business Law Association Conference (Fall, 1988). 

‘‘Federal Deregulation and State Reregulation,’’ presented to the American Bar 

Association Committees on Consumer Product Regulation and State Administrative Law of the Administrative Law Section and the Section of Urban, State 

and Local Government Law (August 11, 1987). 

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 wish to serve as a Commissioner because of my long professional and personal 

commitment to consumer issues and to the CPSC specifically. I can think of few 

more critical causes than reducing consumer-related injuries, illness, and death. I 

believe that my background demonstrates an ongoing commitment to consumer 

product safety issues and to consumer protection generally. After law school, I 

worked as the Chief of the Consumer Division of a legal services program in Allegheny County, PA. Thereafter, I served as a Deputy Attorney General in charge of 

a regional office of the Bureau of Consumer Protection for the PA Justice Department. 

Subsequent to this consumer protection experience, I have spent the better part 

of the past 36 years involved in the CPSC in one form or another. I served as an 

attorney-adviser to two CPSC Commissioners (R. David Pittle, from 1973–1982 and 

Sam Zagoria from 1982–1984). I subsequently served as Counsel to the Subcommittee on Health and the Environment of the House Energy and Commerce 

Committee doing oversight of the CPSC. After that, I became a professor at the University of North Carolina where I have written numerous articles on consumer product safety issues. And from October 2008–January 2009, I served as a member of 

the Obama Transition Team on which I coauthored the Transition Team Report on 

the Consumer Product Safety Commission. 

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? 

Under the governing act of the agency, the Consumer Product Safety Act, the 

Chair has the primary responsibility for managing the agency. Commissioners, howVerDate Nov 24 2008 07:52 Jun 22, 2010 Jkt 053265 PO 00000 Frm 00037 Fmt 6633 Sfmt 6621 S:\WPSHR\GPO\DOCS\53265.TXT SCOM1 PsN: JACKIE
34 

ever, share equally in setting agency policies and have a broad right to monitor the 

implementation of those policies. Given this shared responsibility, I commit myself 

to monitoring the management and accounting activities of the CPSC in a conscientious manner to the extent that the governing statute of the agency gives me the 

authority and responsibility to do so. 

My management experience began when Iran a regional office of the Pennsylvania 

Justice Department in Pittsburgh where I had a staff of roughly 7 investigators and 

administrative personnel. At the Kenan-Flagler Business School, as an Associate 

Dean for the BSBA Program, I ran the undergraduate business program which included 4 professional staff and roughly 600 undergraduate students. Later, as Associate Dean of the MBA Program, I ran the school’s MBA Program, which included 

roughly 10 professional staff and 600-plus MBA students. 

20. What do you believe to be the top three challenges facing the department/ 

agency, and why? 

I believe that the first big challenge facing the CPSC is implementing the multitude of new requirements contained in the recently-enacted Consumer Product 

Safety Improvement Act. This will be particularly challenging in light of the limited 

staff resources available to the agency. 

A second challenge is to make the CPSC, a very small agency, as effective as it 

can be in protecting consumers. Being small is not always a disadvantage if the 

agency can demonstrate a truly nimble and thoughtful approach to product safety. 

I would work to use the digital revolution to expand the agency’s outreach and effectiveness both with consumers and industry. 

A third challenge is restoring morale within the agency among the dedicated 

CPSC staff. Recent government-wide surveys reveal that CPSC staff love the mission of the agency, but do not feel that it is a good place to work. Strong steps 

should be taken to reinvigorate the staff. 

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. 

Retirement Accounts: Virtually all of my retirement accounts are in broad based 

mutual funds with no individual company holdings. The only other large holding I 

have is a money market account in U.S. Treasuries. 

Ongoing Business Dealings: My ongoing relationships with clients and customers 

have mainly been through the Kenan-Flagler Business School’s Executive Development Center which provides executive and leadership programs to businesses and 

trade associations. I plan to terminate all work with the Executive Development 

Center if I am confirmed. 

My other relationships outside of the Executive Development Center lie in providing negotiation and ethics training sessions to several groups, mainly the U.S. 

Navy, various public health groups, and Eastman Chemical Company, a manufacturer of plastic products for industrial use. I plan to terminate all educational training sessions with these groups if I am 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. 

35 

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 have done no advocacy on issues of public policy beyond my regular research 

and teaching activities as a professor with the following two exceptions: (1) I served 

on the Obama Transition Team from October 2008–January 2009, co-authoring the 

report on the Consumer Product Safety Commission, and (2) in Fall 1999, I joined 

with several professors of law across the country in filing an Amicus Curiae brief 

in the case of Geier v. American Honda Motor Co., 1999 WL 966514, in support of 

the Petitioners. Our brief argued that the state common law claim of the petitioners 

should not be preempted by a regulation issued by the National Highway Traffic 

Safety Administration. 

6. Explain how you will resolve any potential conflict 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. 

When I served as a Deputy Attorney General in the Bureau of Consumer Protection in the Pennsylvania Justice Department, I investigated an individual for fraud 

in 1972 or 1973. At one point, he wrote a letter to the Bar Association that accused 

me of trying to intimidate him during a negotiation for a consent decree (which he 

never signed). As I recall, I disputed this complaint, pointing out that the individual’s attorney sat through the entire negotiation and disagreed with his client’s 

characterization of events. The Bar Association dismissed the charge against me. 

Whether this was considered a formal complaint, I cannot recall. When I last 

checked with the Bar Association many years ago, I was told that they have no 

record of any complaint listed against me. I cannot recall the name of the complainant. 

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. 

Yes. I filed a lawsuit in 1973 or 1974 in Allegheny County, PA (or in the district 

court for the western district of Pa.) as the plaintiff in a case under the Fair Credit 

Reporting Act against a company that had illegally run a credit check on me while 

I was investigating them for possible consumer fraud violations. We settled the case 

before trial, with the company paying me roughly $3,000. Despite my best efforts, 

I cannot find my records of the case. I recently spoke to the attorney who handled 

my case. He has changed law firms several times over the years, and he cannot recall any of the details of the case either. 

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. 

36 

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. 

RESUME OF ROBERT SANFORD ADLER

Education 

J.D., University of Michigan Law School, 1969. 

A.B., University of Pennsylvania, 1966, cum laude. 

Honors, Awards, Special Recognition 

Faculty Appreciation Award for Distinguished MBA Teaching, (2005–2006) 

(2006–2007) (2008–2009). 

Recipient of Dean’s Teaching Bonus, (2005–2006) (2006–2007). 

Gerald Barrett Faculty Award (excellence in teaching and service in the KenanFlagler MBA Program), 2004. 

Best Article Award, CPR Institute for Dispute Resolution, for article in Harvard 

Negotiation Law Review, 2001. 

President, The University of North Carolina at Chapel Hill Academy of Distinguished Teaching Scholars, 2003–2007. 

Order of the Grail-Valkyries, 1999. 

Order of the Golden Fleece, 1997. 

Tanner Award for Excellence in Undergraduate Teaching (university-wide 

teaching award), 1996. 

O’Herron Scholar, (excellence in teaching and research) 1996. 

Elected to Board of Directors, Consumers Union, publishers of Consumer Reports (6th term; first elected, 1989). 

McColl Award for Teaching, Research and Service Excellence, 1994. 

Undergraduate Program Distinguished Teaching Award, 1990. 

Federal Executive Board, Outstanding Achievement, 1973. 

Reginald Heber Smith Fellow. 

Employment 

2003–present, Professor of Legal Studies, Kenan-Flagler Business School. 

2002–2003, Associate Dean, MBA Program, Kenan-Flagler Business School. 

1995–2002, Professor of Legal Studies, Kenan-Flagler Business School. 

1994–1998, Associate Dean, Undergraduate (BSBA) Program, Kenan-Flagler 

Business School, University of North Carolina, Chapel Hill, North Carolina. 

1987–1995, Associate Professor of Legal Studies, Kenan-Flagler Business 

School, University of North Carolina, Chapel Hill, North Carolina (received tenure, 1990). 

1985–1987, Counsel to the Subcommittee on Health and the Environment Committee on Energy and Commerce, U.S. House of Representatives, Washington, 

D.C. 

1984–1985, Of Counsel, Schmeltzer, Aptaker and Sheppard, Washington, D.C. 

1983–1985, Adjunct Professor, Washington College of Law, American University, Washington, D.C. 

1982–1984, Attorney-advisor to Commissioner Sam Zagoria, U.S. Consumer 

Product Safety Commission, Washington, D.C. 

1973–1982, Attorney-advisor to Commissioner R. David Pittle, U.S. Consumer 

Product Safety Commission, Washington, D.C. 

1971–1973, Deputy Attorney General, Director, Southwestern Regional Office, 

Pennsylvania Bureau of Consumer Protection, Pennsylvania Justice Department, Pittsburgh, PA. 

1969–1971, Director, Consumer Division, Neighborhood Legal Services Association, Pittsburgh, PA. 

Publications 

(a) Refereed Articles: 

37 

‘‘Mastering the Art of Negotiating With Liars,’’ Sloan Management Review, Vol. 

48, No. 4 (Summer 2007) pp. 69–74. 

‘‘Flawed Thinking. Addressing Decision Biases in Negotiation,’’ Ohio State Journal on Dispute Resolution, Vol. 20, No. 3 (2005) pp. 683–774. 

‘‘When David Meets Goliath: Dealing With Power Differentials in Negotiations,’’ 

Harvard Negotiation Law Review, (co-authored with Elliot Silverstein) Vol. 5 

(Summer 2000) pp. 1–112. 

‘‘Here’s Smoking At You, Kid: Has Tobacco Product Placement in the Movies 

Really Stopped?’’ University of Montana Law Review, Vol. 60 (2) (Summer 1999) 

pp. 243–284. 

‘‘Emotions in Negotiation: How to Handle Fear and Anger,’’ (co-authored with 

Ben Rosen and Elliot Silverstein) The Negotiation Journal Vol. 14 (2) (April 

1998) pp. 161–179. 

‘‘The Preemption Pentad: Federal Preemption of Products Liability Claims After 

Medtronic v. Lohr,’’ (co-authored with Rob Leflar) University of Tennessee Law 

Review Vol. 64 (Spring 1997) pp. 691–748. 

‘‘Encouraging Employers To Abandon Their ‘‘No Comment’’ Policies Regarding 

Job References: A Reform Proposal,’’ (co-authored with Ellen Peirce) Washington 

& Lee Law Review, Vol. 50, No. 4 (1996) pp. 1381–1469. 

‘‘Addressing Product Misuse at the Consumer Product Safety Commission: Redesigning People Versus Redesigning Products,’’ University of Virginia Journal 

of Law & Politics Vol. XI, No. 1 (Winter 1995) pp. 79–127, reprinted in Charles 

H. Koch, Jr., Fundamentals of Administrative Practice and Procedure (3rd ed.). 

‘‘Preemption and Medical Devices: The Courts Run Amok,’’ (co-authored with 

Richard Mann) University of Missouri Law Review Vol. 59 (Fall 1994) pp. 895– 

945. 

‘‘Good Faith: A New Look At An Old Doctrine,’’ (co-authored with Richard A. 

Mann) Akron Law Review Vol. 28 (Summer 1994) pp. 31–52. 

‘‘The Last Best Argument for Eliminating Reliance From Express Warranties: 

‘Real World’ Consumers Don’t Read Warranties,’’ U. of So. Carolina Law Review, Vol. 45 (Spring 1994) pp. 429–475. 

‘‘Avoiding Misuse of New Information Technologies,’’ (co-authored with Paul 

Bloom and George Milne) Journal of Marketing, Vol. 58 (January 1994) pp. 98– 

110. 

‘‘The Legal, Ethical and Social Implications of the ‘Reasonable Woman’ Standard in Sexual Harassment Cases,’’ (co-authored with Ellen Peirce) Fordham 

Law Review, Vol. 361, No. 4 (March 1993) pp. 773–827, reprinted in Ethics in 

the Workplace, E. Ottensmeyer and G. McCarthy (1996) pp. 211–235. 

‘‘Contemporary Ethical Issues in Labor-Management Relations,’’ Journal of 

Business Ethics (co-authored with William Bigoness), Vol. 11 (1992) pp. 351– 

360. 

‘‘Cooperative Learning Groups in Undergraduate and Graduate Contexts: Different Strokes for Different Folks,’’ Journal of Legal Studies Education (co-authored with Ed Neal), Vol. 9, No. 3, (Fall 1991) pp. 427–435. 

‘‘Stalking the Rogue Physician: An Analysis of the Health Care Quality Improvement Act,’’ American Business Law Journal, Vol. 28, No. 4, (1991) pp. 

683–741. 

‘‘Shaping Up Federal Agencies: A Basic Training Program for Regulators,’’ The 

University of Virginia Journal of Law & Politics, Vol. VI, No. 2 (co-authored 

with Stephen Klitzman & Richard Mann) (1990) pp. 343–371. 

‘‘From ‘Model Agency’ to Basket Case: Can the Consumer Product Safety Commission Be Redeemed?’’ Administrative Law Review, Vol. 41, (1989) pp. 61–129. 

‘‘The 1976 Medical Device Amendments: A Step in the Right Direction Needs 

Another Step in the Right Direction,’’ Food Drug Cosmetic Law Journal, Vol. 

43, No. 3. pages 511–532 (1988). Revised and updated as ‘‘Legislation Needed 

to Improve the Medical Devices Law’’ in The Medical Device Industry: Science, 

Technology, and Regulation in a Competitive Environment, pp. 531–549 (1990). 

‘‘Product Recalls: A Remedy in Need of Repair,’’ Case Western Law Review, Vol. 

34, No. 4 (co-authored with Teresa M. Schwartz) (1983–84) pp. 401–464. 

‘‘Cajolery or Command: Are Education Campaigns an Adequate Substitute for 

Regulation?’’ Yale Journal on Regulation, Vol. 1, No. 2 (1984) (co-authored with 

R. David Pittle) pp. 159–193. 

38 

‘‘Commentary on Product Liability: An Interaction of Law and Technology,’’ 

Duquesne Law Review, Vol. 12 (1974) (co-authored with R. David Piffle) pp. 

487–495. 

(b) Chapters in Books: 

‘‘Product Safety: The Consumer Product Safety Commission,’’ in Changing 

America: Blueprints for the New Administration (co-authored with R. David 

Pittle) pp. 540–553 (1993). 

‘‘A Framework for Identifying the Legal and Political Risks of Using New Information Technologies to Support Marketing Programs,’’ (co-authored with Paul 

N. Bloom & George Milne), Monograph for Marketing Science Institute, Report 

No. 92–102, February 1992, reprinted as ‘‘Identifying the Legal and Ethical 

Risks and Costs of Using New Information Technologies To Support Marketing 

Programs,’’ in The Marketing Information Revolution, Harvard Business School 

Press, 1994, pp. 289–305 (1994). 

‘‘Psycholegal Aspects of Organizational Behavior: Assessing and Controlling 

Risk’’ in Handbook of Psychology and Law, eds. Dorothy K. Kagehiro & William 

S. Laufer, pp. 523–541 (co-authored with Alan J. Tomkins & Bart Victor) 

(1992). 

‘‘Product Safety: the Consumer Product Safety Commission’’ in America’s Transition: Blueprints for the 1990s, (co-authored with R. David Pittle) 268–86 

(1989). 

(c) Professional Publications: 

‘‘Thrust and Parry: The Art of Tough Negotiating,’’ (co-authored with Ben Rosen 

and Elliot Silverstein) Training & Development, Vol. 50, No. 3 (March 1996) 42– 

48. 

‘‘New Leadership at the Consumer Product Safety Commission: Will It Make A 

Difference?’’ TRIAL, Vol. 30, No. 11 (November 1994) 63–67. 

‘‘The CPSC at 20 Is Still Immature,’’ TRIAL, Vol. 28, No. 11 (November 1992) 

pp. 30–34. 

‘‘New CPSC Act: A Disappointment,’’ TRIAL, Vol. 27, No. 11 (November, 1991) 

pp. 18–25. 

‘‘Manufacturers Blind CPSC to Product Hazards,’’ TRIAL, Vol. 26, No. 10 (October, 1990) pp. 20–24. 

‘‘Toy Safety: No Kidding Around,’’ TRIAL, Vol. 25, No. 11, pages 44–47 (1989). 

‘‘Of Ketchup, Ozone, and Airline Delays: A Regulatory Legacy,’’ Legal Times 

(April 11, 1988) pp. 18–20; reprinted as ‘‘Rethinking Reagan’s Deregulation 

Drive,’’ Miami Legal Review (May 2, 1988) pp. 9–10; and reprinted as ‘‘Reagan’s 

Deregulation Efforts Have Done More Harm Than Good,’’ Manhattan Lawyer, 

(April 19–25, 1988) pp. 30–31. 

‘‘Will CPSC Halt U.S. Export of Hazardous Items? Legal Times (April 16, 1984) 

pp. 11–13. 

‘‘Does CPSC’s Past Bode Ill for Future of Regulatory Negotiations?’’ Legal Times 

(June 20, 1983) (co-authored with R. David Pittle) pp.10–11. 

(d) Book Reviews: 

‘‘Innovation, Safety, and Costs: A Delicate Balance,’’ Review of Managing the 

Medical Arms Race: Innovation and Public Policy in the Medical Device Industry, (University of California Press) in Health Affairs, Vol. 12, No. 3 (Fall 1993) 

pp. 271–273. 

Review of The Product Liability Handbook: Prevention, Risk, Consequence and 

Forensics of Product Failure, ed. Sam Brown (Van Nostrand Reinhold 1991), 

Products Liability Law Journal, Volume 3, No. 3 (May 1992) pp. 212–218. 

Review of R. Mayer, The Consumer Movement: Guardians of the Marketplace 

(Twayne 1989) and D. Vogel, Fluctuating Fortunes: The Political Power of Business (Basic Books 1989), Journal of Consumer Policy, Volume 14 (1991) pp. 

243–248. 

(e) Other Publications: 

‘‘Time to Strengthen Consumer Protection,’’ Christian Science Monitor (May 8, 

1989) (coauthored with R. David Pittle) p. 18. 

39 

Lawsuits Without Lawyers, monograph on lawsuits in small claims courts (1973) 

(coauthored with Carol Knutson, Larry Slesinger, and David Worstell) pp. 1– 

49. 

Presentations 

‘‘Consumer Product Safety Commission: Reflections from the Obama Transition 

Team’’ to conference of International Consumer Product Health and Safety Officials, Orlando, Florida (February 25, 2009). 

‘‘The Ethics of Wal-Mart,’’ to UNC Humanities Program (June 15, 2006). 

‘‘A Critical Look at ‘The Corporation,’ by Joel Bakan,’’ to Parr Center for Ethics 

(April 26, 2006). 

‘‘Negotiation Issues and Gender,’’ to CWIB (February 22, 2006). 

‘‘Ethical Issues of States Offering Tax and Other Incentives to Attract Business,’’ to North Carolina Institute for Constitutional Law (December 8, 2005). 

‘‘Negotiation in the U.S. and Internationally,’’ to Humphrey Fellows (November 

16, 2006). 

‘‘Enron and Ethics,’’ to Kenan-Flagler faculty, staff and students (February 20, 

2002). 

‘‘Business Ethics for Lawyers, at Annual Legal Learning Festival sponsored by 

UNC Law School, Friday Center (February 9, 2002). 

‘‘Pedagogical Skills in Business Ethics,’’ to ITESM Faculty, Monterrey, Mexico 

(October 27, 2000). 

‘‘Negotiation Skills,’’ to North Carolina Association of Black Lawyers, Wilmington, NC (June 23, 2000). 

‘‘Ethics and Leadership,’’ to UNC-CH Graduate Student Leadership Course 

(March 28, 2000). 

‘‘Ethics and Leadership,’’ to North Carolina Leadership Forum (February 3, 

2000). 

‘‘Business Ethics for Lawyers,’’ at Annual Learning Festival sponsored by UNC 

Law School, Friday Center (February 12, 1999). 

‘‘One Million ATV Injuries Later . . . Will the End of the Consent Decree Bring 

More Consumer Litigation? The Government Perspective’’ Nationwide Teleconference by Telephone, December 2 and December 4, 1998. 

‘‘A Strategic Plan for ICPHSO,’’ at conference of International Consumer Product Health and Safety Officials, Orlando, Florida (February 26–27, 1998). 

‘‘The Future of Product Safety and Product Liability,’’ at conference of International Consumer Product Health and Safety Officials, Key West, Florida (February 28, 1997). 

‘‘Product Safety Versus Product Liability,’’ at conference of International Consumer of Consumer Product Health and Safety Officials (February 29, 1996). 

‘‘Business Ethics,’’ at Festifall Conference by UNC Law School (February 2, 

1996). 

‘‘Medical Devices and Preemption: The Courts Run Amok,’’ at Academy of Legal 

Studies in Business, Dallas Texas (August 12, 1994) (co-authored with Richard 

Mann). 

‘‘Good Faith: Let’s Be Objective About It,’’ presented at Academy of Legal Studies in Business, Boulder, CO. (August 23, 1993) (jointly presented with Richard 

Mann). 

‘‘Forum on the ‘Litigation Explosion,’ ’’ presented at joint session of Wake Forest 

Law School and Business School, Winston-Salem, NC (September 16, 1992). 

‘‘The Legal, Ethical and Social Implications of ‘The Reasonable Woman’ Standard in Sexual Harassment Cases,’’ presented at Academy of Legal Studies in 

Business, Charleston, S.C. (August 21, 1992) (jointly presented with Ellen 

Peirce). 

‘‘Remarks on CPSC Long-Range Plan,’’ testimony before Chairman and Commissioners of the U.S. Consumer Product Safety Commission, Washington, D.C. 

(June 18, 1992). 

‘‘Regulation, Deregulation, and Reregulation,’’ presented at American Business 

Law Association Conference (August 17, 1990), Toronto, Canada (jointly presented with Richard A. Mann). 

40 

‘‘The Role of Federal Safety Standards in Product Liability Litigation, presented 

at Conference on ‘‘Avoiding Product Liability Suits,’’ Union College (July 12, 

1990). 

‘‘Stalking the Rogue Physician: An Analysis of the Health Care Quality Improvement Act of 1986 and its Implementation,’’ presented at American Business Law Association Conference (Summer, 1989). 

‘‘Challenges in Teaching Business Ethics to First Year MBA candidates,’’ presented at American Business Law Association Conference (Summer, 1989). 

‘‘Needed: A College for Regulators,’’ presented at Southeastern Regional Business Law Association Conference (Fall, 1988). 

‘‘Federal Deregulation and State Reregulation,’’ presented to the American Bar 

Association Committees on Consumer Product Regulation and State Administrative Law of the Administrative Law Section and the Section of Urban, State 

and Local Government Law (August 11, 1987). 

‘‘Medical Malpractice: Current Developments,’’ presented to the Graduate 

School of Business Administration, Boston University (November, 1987). 

‘‘Congressional Perspectives on Pending Medical Device Legislation,’’ presented 

to the National Electrical Manufacturers Association (September 19, 1987). 

Editor or Reviewer 

Elected to Editorial Board, Food and Drug Law Journal, 1999. 

Staff Editor, American Business Law Journal, 1990–1993. 

Reviewer, American Business Law Journal, 1989–90. 

Teaching 

Undergraduate: Introduction to Business Law, BA 140; Commercial Paper and 

Sales, BA 141. 

MBA: Negotiation, BA 253; Ethical Aspects of Management, BA 293; BusinessGovernment Relations, BA 299; Strategy Course, BA 295. 

Management Education: Taught numerous Executive Education courses with 

evaluations that generally range above 4.70 out of 5.0; Co-developed and ran 

Leadership Program for Water Industry. 

Course Development 

Developed Negotiation Course, 1995. 

Coordinator, MBA Business Ethics Course, 1991–2000. 

Helped design and develop Business Ethics course for MBA and Executive MBA 

Programs, 1988–90. 

Designed and taught Business-Government Relations MBA course, 1990–2004. 

Developed regulatory materials for Strategy Course, 1994. 

Professional Activities 

Member of North Carolina Bar, 1989–present. 

Member of Washington, D.C. Bar, 1976–present (inactive). 

Member of Pennsylvania Bar, 1969–present (inactive). 

Academy of Legal Studies in Business, 1987–present. 

Member, Business Ethics Section of ALSB, 1989–present. 

University and Business School Service 

President, Academy of Distinguished Teaching Scholars, 2003–present. 

Chair, Committee on Student Conduct, 2006–present. 

Chair, Faculty Advisory Committee, 2007–present. 

Member, Board of Advisors, Parr Ethics Center, 2006–present. 

Member, Chancellor’s Committee on Reaccreditation for SACS, 2004–2006. 

Chair, KFBS Faculty Advisory Committee (FAC), 2006. 

Member, Faculty Advisory Committee, 2004. 

Member, Promotion and Tenure Committee, 2004–present. 

Member, MAC Advisory Committee, 2002–2005. 

Chair, Committee to Review Gene Nichols for Reappointment as Dean, UNC 

Law School, 2003. 

Chair, Committee on Student Conduct, 2000–2001. 

41 

Member, Committee to Review Risa Palm for reappointment as Dean, College 

of Arts and Science, 2001. 

Member, Facilities Use Review Group, 2000. 

Member, Executive Committee of Faculty Council, 1999. 

Member, UNC Task force on Student Evaluation of Teaching, 1999. 

Associate Dean, Undergraduate Program, 1994–1998. 

Chair, Kenan-Flagler Committee on Diversity, 1993, 1994, 1995 and 1997. 

Chair, UNC Committee on Student Conduct, 1993–94. 

Member, Dean Search Committee, 1997. 

Member, Tanner Teaching Awards, Committee, 1997. 

Member, Chancellor’s Task Force on Intellectual Climate at UNC, 1996–1997. 

Member, Kenan-Flagler Distance Learning Committee, 1996. 

Member, Kenan-Flagler Reorganization Task Force, 1994. 

Member and Chair of numerous UNC University Hearings Boards, 1987– 

present. 

Member, Board of Directors of Student Legal Services, 1990–2008. 

Coordinator, Diversity Sessions, Orientation Week for Incoming MBA Students, 

1989–1993. 

National and Community Service 

Member, Board of Directors, Consumers Union, 1989–present. 

Member, Chief Justice’s Commission on Professionalism, 2007–2008. 

Board of Directors, International Consumer Product Health and Safety Organization, 1997. 

Evaluator, BBA Program, University of Iowa, 1995. 

Member, Committee of the Institute of Medicine, National Academy of Science 

to Study FDA Advisory Committees, 1991–93. 

Member, Committee of the Institute of Medicine, National Academy of Science 

to Study the Operations of the Nuclear Regulatory Commission, 1994–1995. 

Chair, Committee to Review the Operations of the North Carolina Wildlife Federation, 1992–93. 

Personal 

Born September 27, 1944 

Married, one child 

Address 

[Not available to the public]. 

Kenan-Flagler Business School 

University of North Carolina 

CB# 3490, Carroll Hall 

Chapel Hill, NC 27599–3490 

Senator PRYOR. Ms. Northup? 

STATEMENT OF HON. ANNE M. NORTHUP, COMMISSIONERDESIGNATE, U.S. CONSUMER PRODUCT SAFETY COMMISSION 

Ms. NORTHUP. Good morning, Mr. Chairman, Ranking Member 

Hutchison, and members of the Senate Commerce, Science, and 

Transportation Committee. I deeply appreciate the opportunity to 

appear before you today, especially this week with all the important matters competing for your attention. 

I am so honored to have been nominated by President Barack 

Obama to serve as a Commissioner of the United States Consumer 

Product Safety Commission. I thank the President for the opportunity to serve. If confirmed by the Senate, I will do my best to see 

that the Consumer Product Safety Commission effectively and efficiently protects the well-being of our children and families and enforces the laws for which it has responsibility. 

42 

I want to introduce to you my husband, Woody Northup, who is 

with me today. He and I have been married for 40 years. We met 

on our first day of college, he as a student at Notre Dame and I 

as a freshman at St. Mary’s College, which is across the street. 

Our lives have been a special adventure. We were blessed with 

six wonderful children, two of whom are adopted. Woody started 

his own business with only seven employees, moving into a building with a dirt floor. We had some very lean years. Two of our children are cancer survivors, and one very sadly died suddenly of a 

heart attack 3 years ago. I want to thank my loving husband for 

being my dearest friend and best adviser throughout my life and 

my career. I am not sure that this is what he pictured when we 

were married in 1969. 

I grew up in Louisville, Kentucky, the second of 11 children, 10 

girls and 1 boy. You can see why we all thought it was a woman’s 

world. My parents were happy, hard-working, organized, and made 

raising 11 children look easy. We were all encouraged to study 

hard, participate in athletics, volunteer at an early age, and live a 

meaningful life. We took different paths. I was the only one even 

remotely involved in politics. One of my sisters, Mary T. Meagher 

Plant, is being inducted into the Olympic Hall of Fame next week 

in Chicago as a three-time Olympian and a 20-year World Record 

holder in swimming. 

If I am confirmed as a Commissioner, I want to assure the Committee that I will independently and faithfully protect the American families from unsafe products, enforce the laws that the Commission must enforce, ensure transparency to all concerned and do 

my part to build a collaborative environment with those at the 

Commission. 

First, I would like to address my record of independence. The 

Commission is comprised of two Commissioners from each party 

and a Chair from the party of the President. However, I am sure 

that you expect the Commissioners to rise above their party designations and act as a team to protect the American people. I believe that I have a record of independence and wanted to share a 

few examples. 

In the Kentucky State Legislature, I introduced the first law that 

limited the age when children could buy tobacco products. When I 

was elected in 1987 to the legislature, in Kentucky, if you could 

walk, you could legally enter a store and buy a pack of cigarettes 

at any age. Republicans and Democrats alike in our legislature 

supported the tobacco industry because of our tobacco farmers. I 

quietly hammered away at the health issues and held my ground 

and influenced both the legislature and the Executive Branch to 

begin addressing these health issues. When I was first elected to 

Congress, Louisville was still the home of the world headquarters 

of Brown and Williamson and had a Philip Morris plant that employed 4,000 employees. But that did not stop me. Throughout my 

career in Congress, I chose not to accept contributions from the tobacco companies because I believed that their products were inherently unsafe. 

In Congress, I felt that banks should not also be our real estate 

agents, believing that it could lead to unwise loans to families, 

jeopardizing their financial well-being in order to realize short-term 

43 

gains in commissions. Although the banking community had been 

one of my most supportive industries, from that time forward the 

industry supported my opponents. I, by the way, was the author of 

the amendment that stopped that from going forward. 

The pharmaceutical companies had been one of my largest contributors until I became concerned about the discrepancy between 

the price American families paid for prescriptions and the price 

paid in other developed countries for exactly the same medicine. 

Thus, I supported allowing American families and industry the 

right to purchase drugs in the international marketplace. My independence cost me the support of that industry also. 

My life’s record of public service has been one of tackling tough 

and complicated issues, looking for solutions that are innovative 

and fair to all concerned. If I am confirmed, I will be joining the 

Commission at a very exciting and challenging time. I look forward 

to being a part of the solution and making a positive contribution 

to those challenges. 

Let me, since I know my time is running out, in closing say that 

I would like to return to the beginning of my testimony. I served 

in the Kentucky Legislature for 9 years and then in Congress for 

10 years, and in all those years, I felt that my degree in economics 

and my professional work was only half of what I brought to each 

challenge. The other part was being the mother of six children. 

When our children were young, they only received toys twice a 

year, on their birthdays and on Christmas, and even that was a 

tremendous financial challenge. I worried about what my children 

needed and how I was going to pay for it. It never occurred to me 

that I should also worry about the safety of that toy. I had never 

heard of the Consumer Product Safety Commission, but I had faith 

in the American system of protection. 

Families need to have faith in the system again. They have to 

be able to count on us. If I am confirmed, I will do everything possible to think of the families I am responsible for and to protect 

them as my own. 

Thank you and I look forward to answering your questions. 

[The prepared statement and biographical information of Ms. 

Northup follows:] 

PREPARED STATEMENT OF HON. ANNE M. NORTHUP, 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 deeply appreciate the 

opportunity to appear before you today, especially this week with all of the important matters competing for your attention. 

I am honored to have been nominated by President Barack Obama to serve as 

a Commissioner of the United States Consumer Product Safety Commission. I thank 

the President for the opportunity to serve. If confirmed by the Senate, I will do my 

best to see that the Consumer Product Safety Commission effectively and efficiently 

protects the well being of our children and families and enforces the laws for which 

it has responsibility. 

I want to introduce to you my husband, Woody. He and I have been married for 

forty years. We met on our first day of college, he as a student at Notre Dame and 

I as a freshman at St. Mary’s College which is across the street. 

Our lives have been a special adventure: we were blessed with six wonderful children, two of them adopted; Woody started his own business with only 7 employees, 

moving into a building with a dirt floor. We had some very lean years. Two of our 

children are cancer survivors, and one very sadly died suddenly of a heart attack 

44 

3 years ago. I want to thank my loving husband for being my dearest friend and 

best adviser throughout my life and my career. I am not sure this is what he pictured when we were married in 1969. 

I grew up in Louisville, Kentucky, the second of eleven children, ten girls and one 

boy. You can see why we all thought it was a ‘‘women’s world’’. My parents were 

happy, hard working, organized, and made raising eleven children look easy and 

fun. We were all encouraged to study hard, participate in athletics, volunteer at an 

early age and live a meaningful life. We took different paths; I was the only one 

even remotely involved in politics. One of my sisters, Mary T. Meagher, is being inducted into the Olympic Hall of Fame next week in Chicago as a three-time Olympian and a twenty-year World Record holder in swimming. 

If I am confirmed as a Commissioner, I want to assure the Committee that I will 

serve independently and faithfully to protect American families from unsafe products, enforce the laws that the Commission must enforce, ensure transparency to 

all concerned and do my part to build a collaborative environment with those at the 

Commission. 

First, I would like to address my record of independence. The Commission is comprised of two Commissioners from each party and the Chair from the party of the 

President. However, I am sure you expect Commissioners to rise above their party 

designation and act as a team to protect the American people. I believe that I have 

a record of independence and wanted to share a few examples: 

• In the Kentucky State Legislature, I introduced the first law that limited the 

age when children could buy tobacco products. When I was elected in 1987, in 

Kentucky, if you could walk, you could legally enter a store and buy a pack of 

cigarettes at any age. Republicans and Democrats alike in our Legislature supported the tobacco industry because of our tobacco farmers. I quietly hammered 

away at the health issues and held my ground and influenced both the legislature and the Executive Branch to begin addressing these health issues. When 

I was first elected to Congress, Louisville was still home to the world headquarters of Brown and Williamson and had a Philip Morris plant that employed 

4000 employees. Throughout my career in Congress, I chose not to accept contributions from the tobacco companies because I believe that their products are 

inherently unsafe. 

• In Congress, I felt that banks should not also be our real estate agents, believing that it could lead to unwise loans to families, jeopardizing their financial 

well being in order to realize short-term gains in commissions. Although the 

banking community had been one of my most supportive industries, from that 

time forward, the industry supported my opponents. 

• The pharmaceutical companies had been one of my largest contributors until I 

became concerned about the discrepancy between the price American families 

paid for prescriptions and the price paid in other developed countries for the 

same medicine. Thus, I supported allowing American families and industry the 

right to purchase drugs in the international marketplace. My independence cost 

me the support of that industry. 

My life’s record of public service has been one of tackling tough and complicated 

issues, looking for solutions that are innovative and fair to all concerned. If I am 

confirmed, I will be joining the Commission at a very exciting and challenging time. 

I look forward to being a part of the solution and making a positive contribution 

toward meeting those challenges. 

The position for which the President has nominated me was created in the 2008 

Consumer Product Safety Improvement Act. This legislation created new, sweeping 

responsibilities for the Consumer Product Safety Commission. Its implementation 

will require new rules, new standards, new testing laboratories, new ways to certify 

imports and new enforcement actions. 

If I am confirmed, I will be joining the Commission under the guidance of the new 

Chairwoman, Inez Tenenbaum. I want to thank Chairman Tenenbaum for graciously reaching out to me and congratulating me on my nomination, all the way 

from Singapore where she is attending product safety meetings. I would do all in 

my power to be a valuable team member. She is already setting in motion a collaborative effort to address the current challenges and I would hope to support her efforts and contribute to meeting these challenges. 

Chairman Tenenbaum testified that one of her highest priorities would be to work 

closely with the Committee, keeping it informed of progress to meet statutory deadlines. I understand how important that is. As a former Member of Congress, I remember how completely frustrating it was to need an answer from an Agency and 

not be able to get it. I understand, Mr. Chairman and Ranking Member Hutchison, 

45 

that you begin to hear from your colleagues if agencies do not respond, fail to meet 

deadlines or have constituents that feel that their issues and views are not even 

heard. If I am confirmed, I will bring that firsthand knowledge and respect for this 

Committee’s perspective to my service. 

Previously, as a member of the Kentucky State Legislature, I had an opportunity 

to address the challenges of implementing major reforms. In 1990, the Kentucky 

Legislature passed a sweeping reform of their education system, the Kentucky Education Reform Act (KERA). It completely revamped funding, the curriculum, teacher 

training, governance, applied new innovative statewide student testing, and a rewards and sanctions system to hold schools and school districts accountable. For 

many years it was help up as a national standard. 

But, as this Committee well knows, new sweeping laws are tough to implement. 

The Governor and the legislative leadership appointed three legislative members to 

a new public-private partnership, the Partnership for Education Reform, to facilitate 

the implementation of the new law. As an appointee of the Speaker of the House 

(who was not a Republican), I had an opportunity to work on the day-to-day issues 

to meet the deadlines, address the criticisms (people affected by change often resist 

change but sometimes unforeseen problems arisethe key is to know the difference), 

stretch the funding to meet the mandates, develop training, measure progress with 

respect to time and effectiveness, communicate with the public and answer questions from my fellow members of the Legislature who wondered what was taking 

so long. 

I believe the Consumer Product Safety Improvement Act is meeting the same 

challenges. It needs leaders who are determined to implement it fairly, as it was 

intended to be applied, address the problems, listen to those it affects, find creative, 

affordable and timely solutions and ensure that this law does exactly what the Congress intended: provide better protection for American families. If I am confirmed 

I will use my talents and experience to live up to your expectations for the Consumer Product Safety Commission. 

Today, more than two-thirds of all consumer products are imported. That is an 

enormous difference from 1973 when the CPSC was created and began protecting 

American families and children. The Consumer Product Safety Improvement Act 

provides new resources and authority to ensure that imported products meet American safety standards. Currently two-thirds of all product recalls are imports, so 

there is good reason for the Commission to efficiently and effectively address the 

question of imports. 

If I am confirmed, I will look for innovative ways to meet this enormous challenge 

of imports, making every dollar we spend a good investment for safety. Today, 

emerging technologies create new and different opportunities to test, check, track 

and protect the American public. If the Commission builds on cooperative efforts 

with other countries, expanding the use of independent third party laboratories for 

testing and better technology to track what comes in through our ports, we can do 

more with the resources you have given the Commission. 

In closing, I would like to return to the beginning of my testimony. I have served 

in the Kentucky Legislature for 9 years and then in Congress for 10 years and in 

all those years I felt that my degree in Economics and my professional work was 

only half of what I brought to each challenge. The other part was being the mother 

of six children. When our children were young, they only received toys twice a year: 

on their birthdays and Christmas and even that was a financial challenge. I worried 

about what my children needed and how I was going to pay for it. It never occurred 

to me that I should also worry about the safety of the toy. I had never heard of 

the Consumer Product Safety Commission, but I had faith in the American system 

of protection. 

Families need to have faith in the system again. They have to be able to count 

on us. If I am confirmed, I will do everything possible to think of the families I am 

responsible to protect as my own. 

Thank you and I look forward to answering any questions that you may have. 

A. BIOGRAPHICAL INFORMATION

1. Name (Include any former names or nicknames used): 

Anne Clifford Meagher (maiden name). 

Anne Meagher Northup (married name) 1969–present. 

2. Position to which nominated: Commissioner, Consumer Product Safety Commission. 

3. Date of Nomination: August 3, 2009. 

46 

4. Address (List current place of residence and office addresses): 

Residence: Information not released to the public. 

5. Date and Place of Birth: January 22, 1948; Louisville, KY. 

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). 

Spouse: Robert Wood Northup, CEO, Radio Sound, Inc.; children: Robert David 

Northup, 37 years old; Katherine McCrystal Northup Smith, 35 years old; Joshua James Northup, deceased; Kevin Wood Northup, 32 years old; Erin Murnane 

Northup, 30 years old; Mark Meagher Northup, 27 years old. 

7. List all college and graduate degrees. Provide year and school attended. 

St. Mary’s College, BA Economics and Business, 1970. 

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. 

High School Mathematics Teacher, 1969–1971. 

Ford Motor Company DSO Dept., 1972–1974. 

State Representative; District 32, 1987–1996. 

Member of Congress; Kentucky–3, 1997–2006. 

9. Attach a copy of your resume. A copy is attached. 

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. 

CARES Commission, Department of Veterans Hospital, Local Advisory Panel. 

Louisville Arena Task Force. 

Ohio River Bridges, Design Selection Committee. 

Member, U.S. Helsinki Commission. 

House Reading Caucus, Founder and Co-Chair. 

Congressional Coalition on Adoption, Board Member. 

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: None. 

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, Women’s Club of Louisville (all women’s organization) 1993–present. 

Forum Club, Naples, Florida; 2003–present. Served on the Program Committee 

2008–2009. 

Member, Queen’s Daughters (Catholic women’s organization that benefits 

Catholic Charities and infant adoption programs—all women membership) 

1990–present. 

Member, Metropolitan Republican Women’s Club—(all women members) 1992– 

present. 

The United States Association of Former Members of Congress—2007–present. 

Member, Holy Spirit Catholic Church—1986–present. 

Member, Capitol Hill Preservation Society (2008–present). 

13. Have you ever been a candidate for and/or held a public office (elected, nonelected, or appointed)? If so, indicate whether any campaign has any outstanding 

debt, the amount, and whether you are personally liable for that debt. 

State Representative, 1987–1996 (no debts). 

Member of Congress 1997–2006 (no debts). 

Primary Campaign for Governor 2007 (Closed the campaign committee with an 

unpaid loan of $681,000 to me personally which just became a personal loss.) 

47 

Candidate for Congress 2008—no 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. 

Anne Northup: 

Contributed to: 

Northup for Congress: $4,600—2008. 

McConnell for Senate: $4,600—2008. 

Northup for Congress: $2,000—1996. 

Northup for Congress: $2,000—1998. 

Northup for Congress: $2,000—2000. 

Northup for Congress: $2,000—2002. 

Northup for Congress: $4,000—2004. 

Northup for Congress: $4,200—2006. 

Fletcher for Governor: $1,000—2003. 

Northup-Hoover 2007: $1,000—2007. 

Northup-Hoover 2007 (loan): $500,000—2007. 

Northup-Hoover 2007 (loan): $100,000—2007. 

Northup-Hoover 2007(loan): $100,000—2007. 

Candidate Debt Assumption: $681,958.14, Repayment of loan: $18,041— 

2008. 

R. Wood Northup 

Contributed to: 

Northup for Congress: $2,000—1996. 

Northup for Congress: $2,000—1998. 

Northup for Congress: $2,000—2000. 

Northup for Congress: $2,000—2002. 

Northup for Congress: $4,000—2004. 

Northup for Congress: $4,200—2006. 

Northup for Congress: $4,600—2008. 

Bush for President: $1,000—1999. 

Republican Party of Kentucky: $1,500—2000. 

Alice Forgy Kerr for Congress: $2,000—2003. 

Geoff Davis for Congress: $1,000—2003. 

Lazio Inc. $1,000—2000. 

Bush-Cheney ’04 (Primary) $2,000. 

Republican Party of Kentucky: $500—2001. 

Republican Party of Kentucky: $500—2002. 

Schmidt for Congress Committee: $250. 

Republican Party of KY: $500—2004. 

Bob Franks for U.S. Senate: $1,000—2000. 

McConnell Senate Committee $2,000—2002. 

McConnell Senate Committee $4,600—2008. 

Louisville and Jefferson County Republican Party: $5,000—2002. 

Rebecca Jackson for County Judge Executive: $500—1998. 

Northup-Hoover: $1,000—2007. 

Ernie Fletcher for Governor: $1,000—2003. 

Shellie Knopf for Circuit Court Clerk: $1,000—2007. 

David Osborne for State Representative: $1,000—2008. 

Downard for Mayor: $1,000—2006. 

John May for Property Valuation Administrator: $1,000—2006. 

Bob DeWeese for State Representative: $500—2008. 

48 

15. List all scholarships, fellowships, honorary degrees, honorary society memberships, military medals, and any other special recognition for outstanding service or 

achievements. 

Honorary Degree St. Mary’s College, Notre Dame, Indiana; Degree of Doctor of 

Laws, Honoris Causa. 

I am attaching a link to a column written about that address: http:// 

www.patrickkillough.com/education/belles.html 

Community Service Recognition Award Louisville Defender Newspaper (African 

American Weekly newspaper in Louisville). 

Adam Smith Award—BIPAC. 

Legislator of the Year NOISE (National Organization to Insure a Sound-controlled Environment). 

Silver Anchor Award—Friends of the Waterfront. 

Congressional Partnership Award—National Association of Development Organizations. 

John Thompson Foundation Outstanding Achievement Award. 

Citizen of the Year Award—Optimist Club of Louisville. 

Literacy Leadership Award—Kentucky Reading Association. 

Legislative Achievement in Economic Development—Southern Economic Development Council. 

Defender of Religious Freedom—Zeta Beta Tau Fraternity. 

Rolapp Award—American Horse Council. 

Community Healthcare Champion Award—National Association of Community 

Health Centers, Inc. 

First Gethsemane Baptist Church Leading Ladies Award. 

Public Policy Advocate of the Year—National Association of Women Business 

Owners. 

Advocate for the Education of Blind and Visually Impaired Students—American 

Printing House for the Blind. 

Legislator of the Year—The Environmental Industry Association. 

Outstanding Freshman Member of Congress—National Industries for the Blind. 

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. 

During my 9 years in the State Legislature and 10 years in the U.S. Congress, 

I wrote many columns for newspapers and newsletters and spoke to many groups 

about relevant legislation and issues important at that moment. However, I have 

not written anything that would relate to the issues before the Consumer Product 

Safety Commission. 

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. 

March 6, 1997, House Transportation and Infrastructure Committee, The Kentucky and Indiana Bridge Project. 

November 19,1992, House Ways and Means Committee, Tobacco Control and in 

favor of tobacco excise taxes. 

March 28, 2001, House Committee on Education and the Workforce, No Child 

Left Behind. 

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. 

My experience as a former Member of Congress gives me a unique perspective for 

the CPSC. I understand the expectations of Members of Congress that the letter and 

the spirit of legislation must be administered efficiently and effectively. The constituents of elected officials expect to get the answers they need and a fair and responsible application of the current law. While it is important that the private sector not wait interminable lengths of time for bureaucratic answers, it is also important that the laws on the books be interpreted fairly and completely. 

49 

When there are problems with either the meaning of the legislation or the application of the law, Members of Congress need to be apprised of what these problems 

may be and given a chance to respond and clarify. I believe I can help build a 

stronger relationship between the Congress and the Consumer Product Safety Commission as opposed to the ‘‘separate orbit’’ type of relationship that sometimes exists 

between agencies and the Congress. 

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? 

I believe proper management and financial controls are important. I will do my 

part and help the Chairwoman of the Consumer Product Safety Commission to ensure all proper controls are in place. 

As Committee Members know so well, serving in Congress requires multitasking, 

compliance with strict financial, ethical and campaign laws and timelines. 

I am proud of my record as an effective Member of Congress, recognized by my 

peers and my constituents as a leader who listened, understood, tackled and resolved challenges in Washington and for my district. This was done simultaneously 

with overseeing a challenging campaign every 2 years (three plus million dollars 

each) as one of the most targeted Members of Congress in each election cycle. By 

committing myself to personal hard work, organizing, delegating, prioritizing, team 

building and setting a high standard, I was able to manage these responsibilities 

efficiently and effectively. 

I believe I can bring the same level of leadership, management, team building and 

hard work to the CPSC. 

20. What do you believe to be the top three challenges facing the department/ 

agency, and why? 

The Consumer Product Safety Commission (CPSC) has enormous responsibilities 

to protect American families including oversight of 15,000 products. The priorities 

will be set by Chairwoman Tenenbaum but these are the top three challenges as 

I see them: 

1. The Consumer Product Safety Improvement Act gives the CPSC new responsibilities. Implementing these improvements effectively and efficiently will be 

an enormous challenge that the CPSC must meet. 

2. Imports make up two thirds of consumer products today. The CPSC must develop better and more efficient ways to ensure these products meet our safety 

standards. The challenges of the CPSIA, imports and the increasing speed with 

which new products emerge in the marketplace financially and technically 

strain the resources of the CPSC. That means it is especially important to look 

for technically feasible ways to meets the Commission’s responsibilities more efficiently. 

3. Several of the CPSC’s current investigations are particularly important today 

and need prioritizing, none more prominent than the issue of Chinese Drywall. 

The widespread use of this product, the severity of the health consequences, and 

the fact that the remedy is cost prohibitive for most families make this burning 

issue a priority’ for the Commission. 

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 only retirement account I have is my Federal TSP account. 

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. 

During the nomination process, I have consulted the Office of Government Ethics 

and the Consumer Product Safety Commission’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 ethics official and that agreement 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 

50 

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. 

During the nomination process, I have consulted the Office of Government Ethics 

and the Consumer Product Safety Commission’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 ethics official and that agreement 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 Member of Congress: 1996–2006. 

6. Explain how you will resolve any potential conflict of interest, including any 

that may be disclosed by your responses to the above items. 

During the nomination process, I have consulted the Office of Government Ethics 

and the Consumer Product Safety Commission’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 ethics official and that agreement has been provided to this Committee. I am not aware of any other potential conflicts of interest. 

Should I be confirmed, I would continue to consult the ethics official at the CPSC 

on any matters of concern and take their recommendations to avoid any conflict of 

interest. 

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: No. 

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. 

I served on a non-profit Board that was sued by the ACLU. 

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. As a former Member of Congress, I understand the importance of the Executive Branch complying with statutory deadlines. 

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. I believe that honest and transparent public service, and leadership that reflects that priority, are important. Congress deserves to be well informed. I would 

do everything possible to insure that the business of the CPSC is open and available 

to Congress. 

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. Again, as a former Member of Congress, I understand how important responding to requests from Congress is, and how difficult the business of committees 

becomes, when there are delays in making information or testimony, available. 

51 

RESUME OF ANNE MEAGHER NORTHUP

Anne Meagher Northup served the Third Congressional District of Kentucky, representing the Louisville district in the U.S. House of Representatives as a Republican from 1997–2006. Before her tenure in Congress, Northup served in the Kentucky House of Representatives for 9 years, from 1987–1996. 

Soon after taking office in 1997, Northup was appointed to the House Appropriations Committee, the Committee that considers all Federal spending bills. She sat 

on the Labor, Health and Human Services, and Education; Transportation, Treasury, HUD and Independent Agencies; and Military Quality of Life and Veterans Affairs Subcommittees. 

Throughout her tenure in Congress, Northup was recognized for her straightforward, honest style in taking on tough issues. She is a pro-trade, pro-economic expansion Republican focused on issues that create a better environment for competition, growth, and worldwide commerce. She is a proponent of permanent tax relief 

for all American taxpayers, expanding affordable health insurance, cutting red-tape 

and making sure government programs are measured based on results. 

Congresswoman Northup is the recipient of numerous legislative awards. In 2003, 

she received the prestigious ‘‘Adam Smith Award,’’ which is presented annually to 

one Federal elected official who exhibits an exemplary commitment to economic freedom. 

Congresswoman Northup has been an aggressive advocate for education reform. 

In March 1998, she founded the House Reading Caucus, a bipartisan caucus that 

raises awareness about the growing number of children who are failing to learn to 

read. She introduced legislation commissioning the National Reading Panel, the 

findings of which were incorporated into the ‘‘Reading First Initiative’’ of the 2001 

No Child Left Behind education law. 

Additionally, Congresswoman Northup was a member of the Congressional Coalition on Adoption and was an instrumental proponent of legislation promoting adoption. As co-chair of the coalition in 2002, Northup traveled to China to work on 

eliminating the growing bureaucratic obstacles between the United States and 

China that were threatening to reduce the number of Chinese orphans available to 

American families for adoption. In 2003, Northup introduced legislation that resulted in extended paperwork deadlines for families adopting children from China 

who were impacted by delays due to the SARS epidemic. Northup and her husband 

are the parents of two adopted children. 

In February 2005, Northup was elected by a committee of her Republican House 

colleagues to chair the GOP’s Retirement Security Public Affairs Team. As Chairman of the group, Northup was front and center in the effort to strengthen Social 

Security for younger generations of American workers. 

Congresswoman Northup has been highlighted by the national press for her pragmatic approach to public policy and her ability to effectively communicate the priorities of Congress. She has appeared on such shows as Meet the Press, Fox News 

Sunday, CBS Evening News with Dan Rather, Larry King Live, CNN & Co., The 

News Hour with Jim Lehrer and Hardball with Chris Matthews and Lou Dobbs. 

Congresswoman Northup graduated from Saint Mary’s College in 1970 with a 

Bachelor of Arts degree in Economics and Business. She has served for years on 

community boards, is a recipient of numerous civic awards, and is an active community volunteer. She is a member of Holy Spirit Catholic Church, and has been married to ‘‘Woody’’ Northup, a small business owner, for over 37 years. Together, the 

Northups have six children. 

Legislative Appointments 

Member, U.S. Helsinki Commission 

Member, Speaker’s Prescription Drug Action Team 

Member, Free Trade Working Group 

Member, World Trade Organization Congressional Advisory Group 

Chairwoman, Speaker’s Task Force on Education 

Member, Speaker’s Drug Free Task Force 

Congressional Caucus/Task Force/advisory Board Memberships 

House Reading Caucus, Founder and Co-Chair 

Congressional Coalition on Adoption 

Education Caucus 

Republican Israel Caucus 

Missing and Exploited Children Caucus 

52 

African Trade and Investment Caucus 

Medical Malpractice Crisis Task Force 

Awards 

Community Service Recognition Award—Louisville Defender Newspaper 

Adam Smith Award—BIPAC 

Legislator of the Year—NOISE (National Organization to Insure a Sound-controlled Environment) 

Silver Anchor Award—Friends of the Waterfront 

Hero of the Taxpayer—Americans for Tax Reform 

Super Friend of Seniors—60 Plus Association 

Guardian of Seniors’ Rights Award 

Congressional Partnership Award—National Association of Development Organizations 

John Thompson Foundation Outstanding Achievement Award 

Citizen of the Year Award—Optimist Club of Louisville 

Literacy Leadership Award—Kentucky Reading Association 

Legislative Achievement in Economic Development—Southern Economic Development Council 

Small Business Advocate—Small Business Survival Committee 

Defender of Religious Freedom—Zeta Beta Tau Fraternity 

Rolapp Award—American Horse Council 

Housing Hero Award—National Association of Home Builders 

Retail Champion—National Retail Federation 

Bulldog Award—Watchdogs of the Treasury 

Friend of the Farm Bureau—American Farm Bureau Federation 

Jefferson Award—Citizens for a Sound Economy 

Senior Legislative Achievement Award—The Seniors Coalition 

Guardian of Small Business Award—National Federation of Independent Business 

Spirit of Enterprise Award—U.S. Chamber of Commerce 

Community Healthcare Champion Award—National Association of Community 

Health Centers, Inc. 

First Gethsemane Baptist Church Leading Ladies Award 

Legislator of the Year—Association of Equipment Distributors 

Congressional Award—Susan B. Anthony 

Public Policy Advocate of the Year—National Association of Women Business 

Owners 

Legislator of the Year—National Beer Wholesalers Association 

Advocate for the Education of Blind and Visually Impaired Students—American 

Printing House for the Blind 

Legislator of the Year—The Environmental Industry Association 

Outstanding Freshman Member of Congress—National Industries for the Blind 

Senator PRYOR. Thank you. 

Ms. Northup, let me start with you, if I can pick up on your last 

point about being a mother and having children and buying various 

products. In your view, how can the CPSC improve their outreach, 

their information dissemination to people like that who were in 

your shoes a few years ago? How could they improve the ability to 

get the word out when there is a dangerous product out there? 

Ms. NORTHUP. Well, Senator, if I am approved and confirmed, I 

would really look forward to working with the Chairman, who has 

talked about the database and the importance of expanding both 

the information in the database and making it far more available 

and transparent to those purchasing any consumer product. I think 

that is enormously important, and I think that that needs to be a 

53 

priority. I know that the Committee has appropriated an additional 

sum, a considerable—it is about a 78 percent increase in appropriation last year. And much of this problem could be addressed with 

that money. 

Senator PRYOR. Thank you. 

Mr. Adler, do you have any thoughts on how the Commission can 

get the word out? 

Mr. ADLER. Actually, I think Ms. Northup hit that right on the 

head. One of the terrific features of the Consumer Product Safety 

Improvement Act, from my perspective, is the establishment of this 

consumer product safety data base. I think that is using the resources of information technology to substitute for large numbers 

of staff at the agency. One of the thoughts I have always had is 

if we do not have a large staff, we have got to use large brains. 

And it does seem to me these new information technologies really 

give us a chance to contact the public in very targeted ways when 

the hazard is something that applies specifically to particular consumers. 

I also know that Chairman Inez Tenenbaum has made this a priority of hers, and it is my understanding that she is doing her best 

to hire some really outstanding officials within the agency to promote education and information. 

Senator PRYOR. I think that is right. One of the things that I 

would encourage you all to think through as you go on to the Commission is I think that information technology is great. I mean, it 

really is amazing, and I think like you said, it is really a multiplier 

of resources that can get more information out. 

But we still have people in this country who are poor or elderly 

or rural that just do not have that technology access for one reason 

or another. So I would encourage you to think about using technology in new ways, and I think that is great, but also thinking 

about maybe more traditional and other ways to reach out to folks. 

The other question I had is I know that in the CPSIA, we threw 

a lot of responsibility at the Commission all at once, and I recognize that, and the Committee does, and the House and Senate do 

as well. When you go on the Commission, hopefully in the next few 

days, how will you work on prioritizing all the various things that 

you have to do because if you look at it all at one time, it is almost 

overwhelming? But how should you go about prioritizing that? Mr. 

Adler? 

Mr. ADLER. That is a wonderful question. I think the first priority has to be paying attention to Congress, which is the enactment of the Consumer Product Safety Improvement Act and making sure that the agency has organized itself to manage the implementation of the act. That would be priority number one for me. 

Another major priority I would feel is that we have got to do 

something to restore the morale at the agency. It has dipped, as 

they would say in North Carolina, ‘‘lower than a snake’s belly.’’ I 

think if you do not have a motivated work force, you do not have 

an efficient agency. 

In terms of other priorities, these are important things for the 

agency, and one of the things the agency has to do—and I think 

it has got to be done on a collegial basis—is for the Commissioners 

to sit down and look at the projects that the agency has pending 

54 

and go through and make sure that those that have the highest 

rate of injury, the most severe injury, are the ones that are addressed first. This is a general annual exercise that the agency 

does, and I look forward to doing that. 

Senator PRYOR. Did you have any comment on that? 

Ms. NORTHUP. No. I think, first of all, I will say that I was not 

able to include it in my remarks, but the Chairman did reach out 

to me as soon as I was proposed by the President. She has a remarkable record and tackled enormous challenges in South Carolina. I think that she will probably be setting some of the agenda, 

and should I join as one of the Commissioners, I would look forward to being a part of that team and help assume some of that 

responsibility. 

The law is very holistic. It includes, first of all, making sure that 

products do not get on the market that are unsafe. Second, it requires reporting immediately if they are unsafe so that the public 

can be informed, and then it has this component of trying to have 

a much better outreach to be able to inform consumers when they 

need to be informed. 

So I realize that you need all of those things to go forward, and 

I would do everything I could to assume as much responsibility as 

I could to see that happen. 

Senator PRYOR. Thank you. 

Senator Hutchison? 

Senator HUTCHISON. Thank you, Mr. Chairman. 

I have met with both of you and appreciate having the meetings 

because I would bow to Chairman Pryor as really the leader in the 

bill that was passed, and there are some very good parts to it. I 

know that Chairman Tenenbaum is working to start implementing 

those. 

I would like to ask both of you, starting with Mr. Adler, if you 

will commit to us to follow up in areas where you think we need 

to look at corrections or add flexibility to the Commission to be able 

to fulfill the spirit and intent of the law, which I think all of us 

agree is correct. Mr. Adler? 

Mr. ADLER. Absolutely, Senator. I know there are some provisions that concern you and that concern other Members of the Senate. They raised them when we went to do our courtesy visits. 

These are issues honestly that I have thought about a lot. I have 

studied them. I have tried to do as much reading as I can. I have 

certainly talked to the staff who were involved in drafting these 

provisions. 

One of the things, if I am confirmed, that I hope the Commission 

does is to sit down, address some of these particularly important 

issues, talk to the staff, go over them at great length, first make 

sure that if there are any challenges that can be dealt with administratively, that we do that, and if there are changes that need to 

be made, then I think that we ought to approach the Senate and 

the House and in a very open, transparent fashion, work together 

to try to come up with measured and appropriate responses to 

these challenges. 

Senator HUTCHISON. Thank you. 

Ms. Northup? 

55 

Ms. NORTHUP. Well, I think much of the same, however, I would 

like to incorporate in mine. 

But let me also say that in every meeting I have had, the sense 

that there needs to be flexibility and the sense that there needs to 

be sound science was echoed on both sides of the aisle by Senators 

that were all on this Committee. 

So I would look forward, should I be confirmed, to the Commissioners looking at the law and using the law to the greatest extent 

as possible to see that the flexibility is applied, as we vote on the 

rules. And if there are obstacles, if we see that there is a common 

sense problem that the flexibility is not there, then I think that— 

I mean, Chairman Tenenbaum talked about these same issues 

when she came before the Committee, that there would be a common approach that she would present that back to this Committee. 

But I think that what we do not know—what I do not know, 

until I get the technical expertise that is available at the Committee, is whether the flexibility that is written in there, the accessibility clause, the absorbability clause, the exception for electronics is far-reaching enough or not. It would be premature for me 

to say whether or not I think that is in the law as it is. 

Senator HUTCHISON. The CPSC has used stays of enforcement to 

provide more time for businesses to comply with the law and also 

to provide exemptions that were maybe not originally envisioned. 

One example of the stay is for youth ATVs and other motorized vehicles with certain parts containing lead. These products need the 

lead to run safely—it is a part of their structure. So that has been 

used. However, the stays are for specific products not categories 

and are generally temporary and not binding on State Attorneys 

General who are now authorized to sue. 

So my question is, how would you approach an issue like that, 

and do you think the stays are sufficient to address concerns like 

the competing issues of stability for safety versus this lead content 

that was really mostly geared toward what children might eat and 

ingest? So let me just ask how you would approach that, both of 

you. 

Ms. NORTHUP. Well, the current stay is till 2011. So there is 

some time to look at whether there is the flexibility and where the 

Commission is going to go. Should I be confirmed, I am eager to 

see what exactly the status of that and what the staff and the professional staff can tell us. 

I will say that the law does say that if any Attorney General— 

it does not preclude Attorneys General from taking action. I realize 

that, but it does require I think at least a 30-day notice that was 

included in the conference bill that passed, which would give the 

Commission some time then to really accelerate their actions on 

that and perhaps come back to the Committee. So there would 

have to be notifications from the Attorney General that would give 

a chance for the CPSC to decide whether or not they want to go 

even further or what they want to do. 

Mr. ADLER. That is a very tough question, Senator. I will try not 

to speak too long about it. But I am not a big fan of stays. If I had 

been at the Commission, I suspect I would have voted for the stay, 

but it is a fairly imperfect instrument, it seems to me, for the reason you mentioned, also for the reason that nobody is going to say 

56 

to Wal-Mart that you are stayed from dealing with your suppliers 

and Wal-Mart could simply insist that its suppliers buy back a 

bunch of violative product. 

My other problem with the stay is that it is almost too permissive and at times it is too stringent. I think it is too stringent on 

a company that in good faith is trying to live up to the law because, 

even if the stay says we are not going to require you to test and 

to certify, if I were a virtuous company, how would I know whether 

I was in compliance unless I tested it? And so the actual practical 

effect might not be as large as we might have hoped. 

It might also be too permissive from my perspective because I 

could imagine a less than virtuous company saying we do not have 

to test. Great. Let us just ship all these goods and hope we do not 

get caught, in which case they might not just be shipping goods 

that have maybe 700 parts-per-million of lead, but they might have 

10,000 parts-per-million of lead, and that gets into the marketplace. 

So I find that to be an imperfect instrument. It may have been 

the best option that the Commission had at that point, but what 

I would hope, if I am confirmed, is to get to the agency, sit down 

with the lawyers in the agency, the compliance staff, and fellow 

Commissioners and see if there is not some alternative approach. 

And it might well be that instead of a stay, we might be coming 

to the Congress for some additional modest amount of discretion. 

Senator HUTCHISON. Well, I think that this particular youth ATV 

issue is one where perhaps there is going to need to be some new 

flexibility because I think that there could be problems on both 

sides. Either you do not have the ability to stay, in which case it 

just cannot work, or on the other hand, an Attorney General might 

sue even though the Consumer Product Safety Commission has not 

come to a conclusion and has not been able to do all of its work. 

So that is the issue that will hit your desk, and I hope that you 

will be able to debate and come up with a conclusion that is common sense and also fair and protects a business that is trying to 

do the right thing, which is a safe vehicle, and give it the capability 

to do that. 

So thank you very much. 

Senator PRYOR. Senator Wicker? 

STATEMENT OF HON. ROGER F. WICKER, 

U.S. SENATOR FROM MISSISSIPPI 

Senator WICKER. Thank you, Mr. Chairman. Let me just associate myself with the sentiments of Senator Hutchison with regard 

to the last line of questioning. 

Also, our guests today should know that on the Commerce Committee there is a great deal of interest in the Commerce Department and in the CPSC among Members of the Committee. We are 

going in a number of different directions as we try to wind up our 

work for the August recess, and so I hope our guests please understand that there is a great deal of interest in this subject matter 

today. 

I wanted to stick around in particular to endorse the candidacy 

of Anne Northup, but I support both of these nominees. I am glad 

57 

we are moving closer to a five-member CPSC, and I feel good about 

the candidacy of both individuals. 

Let me just say with regard to Anne Northup, I came to the 

House of Representatives in January 1995. She came in January 

1997. We were both fortunate enough in our freshman terms to be 

put on the Appropriations Committee, and literally for all the time 

Anne was in the Congress, we sat shoulder to shoulder in a very 

crowded Subcommittee room on Labor, HHS, and Education. So I 

know her well. 

I commend to this Committee, Anne Northup, based on her keen 

intellect, based on her work ethic, and as she listed the issues 

today, it was like going down memory lane, with so many of the 

instances when I learned that, indeed, Anne Northup is fearless. 

Indeed, she calls it as she sees it, whether you like it or not. 

Whether you agree with it, I think most people come away with the 

sense that it is based on sound reasoning, hard work, and intellect. 

On the issue of tobacco, banks versus realtors, taking on the 

pharmaceutical industry based on the cost of prescription drugs to 

Americans, ergonomics, it was an impressive education for this boy 

from Mississippi to have the benefit of Anne Northup’s expertise 

and intellect. So I say that in support of her candidacy. 

And I think perhaps she and Mr. Adler will not always agree, 

but I think that they will always appreciate each other’s genuineness. 

I am so glad that both witnesses today stressed basing decisions 

on sound science. I think Mr. Adler said data-driven and not rhetorical or simplistic solutions. I just would hope that both of the 

nominees will remember that when they deal with tough issues. 

There are so many issues where it sounds good at first blush. 

I have had to go round and round with regulators, for example, 

on the issue of furniture flammability. I for one think we can prevent fire deaths in the United States without subjecting our consumers to harsh and toxic chemicals, without subjecting our environment to substances that would harm the environment and in 

the name of preventing one danger, cause other greater dangers. 

So I am glad to hear both nominees agree to that and stress that. 

One question. We have a real problem in Mississippi and in a 

number of other states among homeowners on the issue of Chinese 

drywall. So I hope you will base your decisions on sound science. 

At the same time, I hope there is a way you can hurry and we can 

get the sound science quickly—— 

[Laughter.] 

Senator WICKER.—and go beyond putting something on the 

website. We need answers on this issue. It is out there. So I would 

just hope that any information available could be gotten to consumers, beyond website posting, quickly. So I guess I am just echoing what Senator Pryor has said about getting the message out. 

If you would like to comment about Chinese drywall, I would be 

happy to hear that. 

Ms. NORTHUP. Well, I just say that, first of all, it is an enormous 

problem. There is some of the problem in Kentucky, not at the level 

that it is in Mississippi or Florida and some of the other states. It 

is enormous for a number of reasons. It is not just widespread. You 

58 

can throw a pacifier out. You cannot throw your home out. The cost 

of fixing this problem would overwhelm the average family. 

Let me just say I think that is I what I bring to this Committee 

today in asking for your approval, is that I know how completely 

frustrating it is to be a Member of Congress and have an agency 

that you are waiting on to deal with an issue that is so pressing 

to your constituents and to have this feeling that it is some black 

hole. You know, you call and it is like, well, we will back to you 

with the time schedule. And months can go by. 

I do believe that in 20 years, we will have completely figured out 

what the problem is with Chinese drywall, but if you are a family 

with a second-grader going off sick to school every day, you cannot 

wait until science—you need science to give you a time table, a reasonable approach to how you are going to deal with this, maybe 

come back to the Congress and tell them sort of the extent of the 

dangers, what the chemicals are, the physical dangers so that you 

are in a better position to take reasonable action. But I completely 

agree. This is a terrible problem. 

Mr. ADLER. Just a brief comment. I did speak to Chairman 

Tenenbaum the day after she was confirmed, and she one of her 

very highest priorities was Chinese drywall. I know she has been 

pushing the CPSC staff very, very hard. She has been working diligently with the EPA and with State health departments. We really 

very much appreciate—or the agency very much appreciates the 

additional resources that the Congress has supplied to do this 

work. 

I share the same sense of urgency, and I hope, if I am confirmed, 

to join Ms. Tenenbaum in pushing and pushing as hard as we can 

to see if there is some regulatory options that might be addressed 

to help these homeowners. 

Senator WICKER. Thank you very much. 

Senator PRYOR. Thank you. 

Senator Klobuchar? 

STATEMENT OF HON. AMY KLOBUCHAR, 

U.S. SENATOR FROM MINNESOTA 

Senator KLOBUCHAR. Thank you very much, Mr. Chairman. 

Thank you very much as well for being willing to serve, to both 

of you, and congratulations on your nominations. I care a lot about 

this agency, and I think some of it came from my work as a prosecutor for 8 years. As you know from the work you are about to 

do and work you have done in your life, sometimes these people 

like the ones Senator Wicker was referring to with the drywall 

problem and you, Ms. Northup, so articulately answered in terms 

of your own passion for this—they have no one else except an agency that sometimes can seem like a big bureaucracy, but it is what 

they have. And we had so many cases where it would be victims 

of crimes, someone that just happened to be at the wrong place at 

the wrong time, and the only person they had to help them was 

maybe one prosecutor who stood between them and their faith in 

the system that things could get done. 

And that is why I have such a passion for this consumer work 

and have gotten involved in it from the beginning, including the 

Consumer Product Safety Act that we talked about, I know, today. 

59 

That came out of a case for me in Minnesota where a little 4-yearold boy swallowed a charm that his mom got with a pair of tennis 

shoes. She did not ask for that charm. It came free. He was playing 

with it. He swallowed it and he died. And he died not from choking 

on it. He did not die because it blocked his airways. He died over 

a period of time as the days went on, as the lead in that charm 

went into his bloodstream. And when that charm was tested, it was 

99 percent lead. And that is why I got so interested in this consumer product issue. 

And then we met the parents of kids that had eaten some of 

those spongy toys and ended up going into a coma because they actually accidentally had the date rape drug in them. And talking to 

that mom about how here she is and does not know what is wrong 

with her little baby and goes to the hospital. They do not know 

what is wrong. The kid comes out about it in a day, and she for 

weeks tried to figure it out on the Internet not knowing if he would 

suffer from permanent damage. These are real families. So I really 

appreciate your willingness to serve this agency. 

I guess my first question—I see Commissioner Nord out there— 

is that we are going from two Commissioners now to a bit more. 

So there is a lot of change in the agency. And I just would ask both 

of you what your approach will be in terms of helping to run an 

agency that has had a lot of work and undergone a lot of change. 

Mr. Adler? 

Mr. ADLER. Thank you very much, Senator. I just wanted to add 

one word to what you were saying about the risks to children. That 

has always been a major concern and priority at the Consumer 

Product Safety Commission and I think properly so. Kids are not 

decision-makers. Kids are involuntary risk-takers. Kids are the 

most valuable, precious asset that we have, and we simply cannot 

do enough to try to protect kids, especially when it comes to hazards of product safety. 

I very much look forward, if I am confirmed, to going to work at 

the agency. It will be interesting to see how the agency with five 

Commissioners operates. It has always seem to be that the agency 

has functioned best when it has functioned in a nonpartisan, problem-solving way. In my experience at the agency, you get shifting 

coalitions among Commissioners. When a particular issue comes 

up, different Commissioners look at it differently, but I have never 

seen and I hope never to see any element of partisanship injected 

into the decisionmaking with respect to product safety, and I certainly hope to be part of that. 

There are so many issues that face the agency right now. I could 

probably talk your ear off for the next hour about the things I 

would like to work on, but as I say, one of the most important 

things I think the agency must do, in part to get back the confidence and trust of the Congress toward the agency, is to demonstrate that we are capable of implementing and meeting the 

deadlines in the Consumer Product Safety Improvement Act. 

Senator KLOBUCHAR. Thank you. 

Ms. Northup? 

Ms. NORTHUP. Well, I think again should I join the Commission, 

there would be five members, and I think that there is always a 

benefit to bringing new eyes to problems. I also think that you will 

60 

have really robust debates and conversations. I have always felt 

like public policy is best when you put every idea and every perspective on the table and have the balance that brings the insights. 

None of us alone can come up with the best answers and to see 

what approaches can be taken. 

I said earlier it is a holistic bill, the Improvement Act. It starts 

with keeping unsafe products off the market. Then it requires new 

reporting responsibilities and decisions. There is not the lag that 

there used to be. And then the remedies are there, including much 

more outreach to families. 

I agree. I do not think that we should see this as two against 

three. Usually my experience in Congress was that there were sort 

of forming and reforming of thinking and how people aligned themselves. But good balance and good thought to look for reasonable 

solutions and depend on sound science and to remind ourselves 

that you have the ATV people that have all these products that are 

built and they are off the market and all the people that are left 

in limbo because the Consumer Product Safety Commission cannot 

finalize or cannot make a rule. We have got to deal with that and 

put all of those thoughts and deal with them quickly. 

Senator KLOBUCHAR. Thank you, Ms. Northup, and I am glad 

you brought that up. I know that some of my colleagues asked 

about ATVs, and when you said that there is inventory on the 

shelves, maybe you knew that the people that make those ATVs 

are in Minnesota. 

[Laughter.] 

Ms. NORTHUP. I did not. 

Senator KLOBUCHAR [presiding]. That was a really smart move. 

Polaris and Arctic Cat are the two major domestic manufacturers, 

and they also make snowmobiles. This has been a major issue in 

our State. We have one staff member that I think he is going to 

start selling ATVs he learned so much about it. Clearly, many of 

us here did not envision that the law would be interpreted in that 

way. 

And I would just share the thoughts of my colleagues that we 

hope that this will get resolved. The stay is somewhat helpful. At 

least they can put, arguably, some of the inventory that they have 

showed me—I was just up there 3 weeks ago. I was up in Thief 

River Falls—you are welcome to visit—at the factory and saw some 

of the changes they have made. But I really think that we need to 

look into this because just as electronics had gotten an exemption 

here, the same kind of arguments can be made. And maybe we can 

do it practically with implementation or maybe there will be need 

for some additional legislation. 

Along those lines, I also hope you will work with the Handmade 

Toy Alliance, which is a group of smaller toy manufacturers who 

have concerns as well. And again, the original group is based in 

Minnesota. So I have been dealing a lot with these implementation 

issues and have an appreciation for what you will be working on. 

And I really thank you for your commitment to balance because 

there was a huge need for this legislation. We all know that. There 

were all these products coming in and there was not really the updated tools. I think the Wall Street Journal called it the most 

61 

sweeping consumer legislation in 16 years. But at the same time, 

there needs to be balance. 

And I am now chairing this hearing. So now you have really got 

to watch out, but I turn it over to my colleague, Senator Hutchison. 

Senator HUTCHISON. I have already asked my questions. So 

Madam Chairman, I am finished. 

Senator KLOBUCHAR. OK. Very good. 

Well, I just wanted to thank both of you. I will give you some 

in writing so we do not have to go on here with some of the issues 

with the Virginia Graeme Pool Safety Act, something very important. Again, we had a tragedy in our State, and the family and I 

worked on this very hard. It was a bill that had been kicking 

around for years, and we were able to get it done. Commissioner 

Nord and I just did an event to educate people about the fact that 

this law is out there, and we have actually done some great things 

in our State because of this tragedy. I know there are some implementation issues, but it was incredibly important to get that bill 

passed to get that done. 

So I am really excited that we are going to have this full rostrum 

of Commissioners and am looking forward to working with both of 

you. 

With that, would you like to say anything else? 

Ms. NORTHUP. No. Just thank you so much for your time, and 

we are looking forward to the action of the Committee. I hope I will 

have an opportunity to work with you if I am confirmed. 

Senator KLOBUCHAR. Very good. 

Mr. ADLER. I just wanted to thank you and your staff and the 

terrific staff on the Senate Commerce Committee on both sides for 

taking the time to meet with us and the courtesy that you have 

shown to us. And we look forward to working with you when we 

get the agency, if we get to the agency. 

Senator KLOBUCHAR. Well, OK, very good. I like how you have 

that respect for Congress. That is very important. 

[Laughter.] 

Senator KLOBUCHAR. But I think things are looking good. 

With that, the hearing is adjourned. 

[Whereupon, at 11:36 a.m., the hearing was adjourned.] 

(63) 

A P P E N D I X 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. FRANK R. LAUTENBERG TO

DENNIS F. HIGHTOWER

Question 1. The Consumer Price Index (CPI) measures changes in consumer expenditures over time to gauge inflation. However, it does not account for geographic 

differences in the costs of goods, services, and other basic needs. As you know, the 

cost of living in some areas of the country is significantly higher than in other areas. 

Do you agree that there are important differences in consumer expenditures across 

distinct geographic areas and that differences in the cost of living are not fully accounted for in the CPI? 

Answer. I am certainly aware that different areas of the country are more expensive to live and to do business in than others, and there is little question that this 

is an important consideration. As to the specifics of the Consumer Price Index, that 

is a product of the Bureau of Labor Statistics at the Department of Labor, and thus 

I defer to the Department of Labor on the strengths and weaknesses of that measure. 

Question 2. What benefits might the Federal Government obtain from having an 

official government statistic, published regularly, that measures geographic variation in consumer expenditures and cost of living? 

Answer. Generally, I am in favor of official statistics that can both lead to better 

policy decisions, as well as help American businesses best understand their customers and the economic environment. That said, there is a great deal for me to 

learn still about what the Department currently produces and what specific value 

would come from new measures. This is an area I look forward to exploring, should 

I be confirmed. 

Question 3. The Bureau of Economic Analysis has published research that analyzes variations in consumer expenditures and the cost of living across geographic 

areas and has created a statistic called the Regional Price Parity. Similar statistics 

have been created in other countries. Are you familiar with this research and the 

Regional Price Parity? How could such a statistic be utilized by your agency and 

Congress? 

Answer. I am not yet familiar with the Regional Price Parity research at BEA, 

nor how the Department’s statistics compare with those of other countries. As a 

manager, however, I believe in making decisions based on good data, and so to the 

extent the Department can better serve the government, the Congress and American business with more precise statistics, that is something I would support. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. TOM UDALL TO

DENNIS F. HIGHTOWER

Question 1. Mr. Hightower, as an international business executive and head of an 

online media firm, you know the importance of broadband and have seen firsthand 

what other countries are doing to promote their Internet infrastructure. 

Yet in the last 10 years, the U.S. has gone from being a world leader in Internet 

penetration to being 15th or worse, depending upon what statistics you read. This 

year, the American Recovery and Reinvestment Act provided over seven billion dollars to the Department of Commerce and Department of Agriculture to help bring 

broadband to rural America. 

The stimulus funds available for broadband also come at a time when the Nation 

could potentially take significant ‘‘leap frog’’ steps to overcoming the digital divide. 

Federal funding alone, however, will not be enough. In addition to the Broadband 

Technology Opportunities Program (BTOP), what policies should the Department of 

Commerce promote to bridge the digital divide in America? How can the Department of Commerce leverage the stimulus package’s investment in broadband to help 

64 

promote new business opportunities for entrepreneurs living in areas that will soon 

have affordable broadband? 

Answer. To connect every American with broadband Internet service, we must increase broadband availability and broadband subscribership. The BTOP program is 

soliciting grant applications in support of both of these critical areas. In addition, 

if confirmed, I will work with the staff at the National Telecommunications and Information Administration to learn as much as we can from the BTOP Program. 

Those lessons learned would be shared with other agencies within the Department 

of Commerce. I believe we should also promote those lessons learned with the private sector, and entrepreneurs who are making innovative technologies more readily 

accessible to the marketplace. If confirmed, I would explore options to close the digital divide. In general, there should be a strong focus on developing appropriate policies that can best achieve the goal of extending affordable broadband to all Americans and creating an environment that rewards innovation, investment, and competition. 

Stimulus monies can bring broadband infrastructure to rural and urban areas. 

With this capability, the economy can benefit from faster information flow, improved 

productivity, and sharpened competitiveness. The effects are multiplied: farmers can 

receive quicker online weather reports, manage their shipments and receive orders 

more quickly. Critical institutions such as schools, libraries, and recreation centers 

that receive broadband can serve as anchor institutions for their surrounding communities-including small entrepreneurs. Affordability coupled with availability can 

only make the effects even more robust. 

Question 2. The Commerce Department houses a diverse collection of agencies and 

divisions. It does everything from supporting scientific research and the commercialization of new technologies to expanding American exports and promoting minority-owned businesses. How do you plan to help Secretary Locke harness these important Commerce Department initiatives into a coherent strategic vision to promote innovation and create jobs across the country? 

Answer. Secretary Locke and I share a vision of the Department of Commerce not 

as a collection of 12 agencies and bureaus and more than 50,000 employees but as 

one Department, singularly equipped to help American businesses grow and to create jobs. 

When this Committee and the Congress enacted the America COMPETES act, 

you began with the premise that innovation through basic scientific research—and 

the ideas it produces—is the bedrock of competitiveness. The Department also 

houses its own idea factories, whether it is exploring the frontiers of nanotechnology 

at the National Institute of Standards and Technology (NIST), exploring the ocean 

at the National Oceanographic and Atmospheric Administration or designing spectrum policy at the National Telecommunications and Information Administration 

(NTIA). The Department also helps Americans protect the ideas they generate at 

the Patent and Trademark Office (PTO). 

But even the best ideas are only catalysts. Businesses need to commercialize those 

ideas into real products they can sell. If confirmed, I will make sure the Department 

stands ready to assist them through NIST’s Manufacturing Extension Partnership 

helping small- and medium-sized manufacturers work smarter, through the Economic Development Administration helping communities attract businesses and 

through the Minority Business Development Administration helping minority-owned 

firms thrive. 

Once a business sends a product to market, it needs a level playing field on which 

to compete. The Department helps promote competitiveness through its International Trade Administration, promoting exports and ensuring fair competition, 

and through the Bureau of Industry and Security, ensuring an effective export control and promoting continued U.S. strategic technology leadership. 

Finally, after innovation, commercialization, and competition, comes measurement. A business needs to see how it stacks up, economically or environmentally. 

The Department, too, has measurement as a pillar of its operations whether it’s the 

Economics and Statistics Administration providing economic analyses and the Census or the NOAA keeping an eye on our environmental sustainability. 

Secretary Locke and I view the Department, not just as a collection of agencies, 

but as a Department organized around the pillars of developing and maintaining a 

successful business—innovation, commercialization, competition and measurement. 

If confirmed, my challenge will be to help the Secretary and the Department’s employees deliver those key services as effectively as possible. 

Question 3. The U.S. has had huge trade deficits for years. In today’s economic 

climate, American companies face many hurdles to selling their products overseas. 

Unfair trade practices and complex technical regulations in foreign countries can 

65 

also make exporting a real challenge, especially for small businesses. How will the 

Commerce Department help companies in New Mexico reach their full potential for 

exporting their products? 

Answer. The Department of Commerce’s International Trade Administration (ITA) 

plays an important role in creating and sustaining high-paying jobs through export 

assistance, especially for small- and medium-sized businesses, and market access 

and advocacy support to ensure fair trade. ITA’s efforts are focused on increasing 

the number of American exporters and increasing the number of export markets for 

American firms. 

ITA’s U.S. & Foreign Commercial Service (US&FCS) has a global network of 

trade professionals in 109 U.S. locations, including Santa Fe, New Mexico, and in 

U.S. Embassies and Consulates in 77 countries. US&FCS staff will continue to work 

with U.S. companies, providing counseling and advocacy, market research, trade 

events, and identification of potential international buyers or partners. Commerce 

staff guides companies through every step of the export process, from shipping and 

logistics, to understanding foreign regulations, to finding solutions when they encounter trade barriers overseas. If confirmed, I look forward to working with Congress and the Administration to ensure these critical programs are providing maximum benefit to U.S. companies including those in New Mexico. 

Question 4. New Mexico is a beautiful place with terrific tourist destinations like 

historic Santa Fe, the Taos Pueblo world heritage site, and natural wonders like 

White Sands National Monument. Yet international tourism is suffering due to current world economic conditions. How will the Office of Travel and Tourism Industries (OTTI) at Commerce promote tourism in this current economic climate? 

Answer. The Department’s efforts are focused on opening up new key markets for 

international visitors to the United States, such as visitors from China and countries in South America, and working closely with industry representatives in support of bringing such visitors to the United States. For example, the Department 

has a cooperative agreement with the U.S. Travel Association for a ‘‘one-stop shop’’ 

travel and tourism industry website aimed at international visitors in the top 5 

markets. Through the Tourism Policy Council, the Department communicates industry concerns to all Federal agencies whose policies affect the travel and tourism industry. The Secretary has stated that he will communicate the importance and 

value of travel, including corporate travel, to the U.S. economy. 

Question 4a. How can the Commerce Department help businesses such as those 

in New Mexico that rely on tourism? 

Answer. The Department is working to ensure that all of the United States remains attractive to international visitors. The Department is continuing its work 

with other agencies to facilitate travel to the United States, while taking into account the demands of national security. 

In addition, Commerce is actively engaged with the Western States Tourism Policy Council to address rural community needs for travel and tourism. If confirmed, 

I look forward to working with you and other interested members to ensure Commerce’s tourism programs bring maximum benefit to the U.S. tourism industry. 

Question 5. The New Mexico Manufacturing Extension Partnership (MEP) in Albuquerque provides helpful assistance to small companies throughout my state. 

How can the Commerce Department, through NIST and other agencies, do more to 

support small businesses and the manufacturing sector? 

Answer. In addition to the work that the New Mexico MEP is doing in your state 

to support the manufacturing sector, the Department of Commerce is looking at a 

single point of contact for businesses to access the Department’s programs and services for businesses and entrepreneurs. In June, the Secretary announced his goal 

to unveil by the end of the summer a ‘‘One-Stop Shop’’ in the Detroit area, making 

more accessible the services offered by Commerce’s Patent and Trademark Office, 

Minority Business Development Administration, Economic Development Administration, National Institute of Standards and Technology, and International Trade 

Administration, among others. The Department is going to pilot this idea in Detroit 

with a goal toward implementing this approach nationwide—bringing a new way of 

delivering services to the businesses and entrepreneurs in New Mexico. This program will play a critical role in bringing the Federal Government to ‘‘Main Street’’ 

in an effective, business-friendly way—making the Federal Government a true partner in helping to revitalize communities. 

It is my understanding that Commerce has been very focused on the manufacturing sector and its challenges in this economy, from getting key input and advice 

from the Manufacturing Council to helping manufacturers diversify into new and 

growing technologies. 

66 

Question 6. How can the Department of Commerce better promote entrepreneurship in minority communities through the Minority Business Development Agency 

(MBDA) and other initiatives? 

Answer. MBDA’s mission is to foster the establishment and growth of minorityowned businesses of all sizes. Through its nationwide network of 48 minority business centers, MBDA is promoting entrepreneurship with minority communities and 

Native Americans through business advisory services and training programs. If confirmed, I will work with Secretary Locke and the new MBDA Director, David 

Hinson, to examine new and innovative ways to promote business growth and entrepreneurship in minority communities and tribal lands. I will welcome any input you 

and your colleagues may have and look forward to launching new initiatives toward 

this end if I am confirmed. 

Question 6a. How can the Commerce Department promote entrepreneurship and 

business opportunities on tribal lands? 

Answer. It is my understanding that one of MBDA’s key cooperative grant programs is the Native American Business Enterprise Center (NABEC). These centers 

are operated by tribal entities, non-profit organizations and tribal colleges/universities. Through these centers, MBDA works with Native American entrepreneurs 

who wish to grow their businesses in size, scale and capacity. These firms are then 

better positioned to create jobs, impact local economies and expand into national 

and global markets. Last program year, MBDA assisted more than 470 Native 

American clients with more than $93 million in contracts and $54 million in financial transactions. 

If confirmed, I look forward to exploring other ways to promote entrepreneurship 

and business opportunities on tribal lands. 

Question 7. The Native American Business Enterprise Centers play an important 

role in promoting entrepreneurship in tribal areas. The local NABEC office in my 

home state, in partnership with the American Indian Chamber of Commerce of New 

Mexico, works to promote both a favorable business climate and business growth in 

Indian Country through services such as business planning, bookkeeping, and government procurement assistance. 

My office has recently learned of challenges these centers face due to local grant 

matching requirements. I hope that you will promote a flexible approach to local 

grant requirements for Commerce Department programs that helps maximize their 

potential while still ensuring accountability and transparency. Would you support 

a flexible approach for grant requirements for programs such as NABEC by allowing, for example, ‘‘sweat equity’’ and volunteer efforts to be considered as in-kind 

contributions? 

Answer. The NABEC grant opportunity requires a non-Federal match of at least 

10 percent. The other two MBDA grant programs require a 20 percent match. 

MBDA is sensitive to the needs of the Native American community and for that reason requires a lower non-Federal cost share. 

MBDA already supports a flexible approach for the non-Federal match allowing 

four means, or any combination thereof, to satisfy the cost sharing requirements. 

The four means include: (1) client fees; (2) grantee cash contributions; (3) grantee 

in-kind contributions; and (4) third-party contributions. 

An example of a grantee in-kind contribution would be if the ABC Chamber applied for one of MBDA’s grants and offered their accountant’s services for the project 

for 10 hours per week. The value of the pro-rated salary per year attributable to 

project activities may be listed as an in-kind contribution. Other examples include 

the value of computers, office space and volunteer work attributable to the project. 

RESPONSE TO WRITTEN QUESTION SUBMITTED BY HON. KAY BAILEY HUTCHISON TO

DENNIS F. HIGHTOWER

Question. This Committee and its members have long enjoyed a close and productive working relationship with agencies under our jurisdiction. We often rely on the 

technical and legal expertise of agency staff when we are developing or reviewing 

proposed legislation. Can all members of the Committee, and their staff on their behalf, count on this cooperative relationship continuing with the Department of Commerce? 

Answer. Yes. I fully recognize the importance of working closely with all Members 

of the Committee and I will ensure the Department continues that tradition if I am 

confirmed. 

67 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN D. ROCKEFELLER IV 

TO ROBERT S. ADLER

Question 1. The Commerce Committee considers protecting consumers one of its 

highest priorities. As Commissioner, what will you do to make sure that the CPSC 

protects the public from unsafe consumer products? 

Answer. The mission of the Consumer Product Safety Commission is to protect 

consumers from unreasonable risks associated with consumer products. I will consider this mandate to control my every action and every vote at the agency if I am 

confirmed. 

Question 2. The CPSC is an independent Federal agency. Are you comfortable 

speaking out against the Administration’s budget and policies if you think those decisions are not in the best interest of protecting consumers? 

Answer. Yes. Independent agencies are independent for a purpose. They are supposed to address issues according to their mandates, not according to political concerns or considerations. That said, if confirmed, I would look forward to maintaining 

a dialogue with the Administration and with Congress on critical issues that they 

consider important. 

Question 3. The CPSC is in the midst of implementing the Consumer Product 

Safety Improvement Act of 2008 (CPSIA). There are a number of rulemakings under 

consideration and new requirements that have significantly expanded the authority 

of the Commission. Will you commit to working through implementation of this law 

in a commonsense manner that recognizes the flexibility of the act? 

Answer. Yes. I consider myself to be a non-ideological pragmatic problem solver. 

I believe that regulation works best when it comports with common sense, so I will 

wholeheartedly embrace such an approach if I am confirmed. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. TOM UDALL TO

ROBERT S. ADLER

Question 1. As you know, almost all of the children’s toys sold in the United 

States are made in foreign countries such as China. The infamous ‘‘summer of recalls’’ reminded us of the importance of ensuring the safety of all these imported 

products. 

I would appreciate hearing both nominees’ views on ensuring product safety in an 

era of global supply chains. What proactive measure should the CPSC take to prevent unsafe, foreign-made products from being sold in the United States? 

Answer. First, given the CPSC’s limited resources, it can never adequately police 

imports solely by itself. It must use its partnership with the U.S. Customs and Border Patrol to maintain a meaningful presence in the import marketplace. The CPSC 

should nurture this relationship which has been strengthened recently and alert 

Customs when it obtains information about new, emerging hazards. Second, the 

CPSC should continue to work with foreign governments wherever possible to educate them about our product safety laws and requirements. I commend Chairman 

Tenenbaum on her current trip to Asia to meet with fellow regulators and key 

stakeholders. If we maintain good relations with these governments and the regulatory bodies they establish, we can use their enforcement resources to amplify our 

safety message. 

Question 1a. How should CPSC work with manufacturers, U.S. Customs and Border Patrol, and foreign governments to protect American children and consumers 

from unsafe imported products? 

Answer. I would hope that the CPSC would seek to use strong, open relationships 

with all of these parties to try to promote safety in the development, manufacturing 

and marketing of consumer products before they are made, rather than seek recalls 

after a problem manifests itself. Incorporating product safety into a product’s design 

is always superior to addressing problems once an injury or death has occurred. One 

of the most effective things the CPSC can do is to educate all parties about the nature of consumer product risks and to alert them to spread this message throughout 

their organizations. 

Question 1b. Since passage of the landmark CPSIA legislation, does the CPSC 

now have the resources and authority it needs to protect our children from harmful 

and tainted products imported from foreign countries? 

Answer. In all honesty, I don’t know. I am certain that the added resources and 

authority are extremely helpful, though the agency does remain a smaller entity 

than it was thirty years ago. Since I am not at the CPSC, it is difficult to say whether any more resources or authority is needed. 

68 

Question 2. Product recalls are one of the main tools CPSC uses to protect consumers. The CPSC website does provide helpful information about recent recalls. 

However, as a consumer, it is not always easy to know if you have a product at 

home that has been recalled for safety reasons. Moreover, not all Americans have 

access to the Internet. What are your thoughts for improving the effectiveness and 

response rate for product recalls? 

Answer. The new consumer safety database established in the CPSIA should provide considerable help if it is implemented in a user-friendly manner with easy accessibility and clear paths to follow to obtain information. If I am confirmed, I will 

make implementing such a database a priority of mine. Clearly not everyone has 

a computer or Internet access, but if it is developed carefully, informal information 

networks often help carry the message even when it is not received directly. I believe this is the foundation of CPSC’s Neighborhood Safety Network. Beyond the 

Internet, the agency should always use every available means at its disposal, including newspaper stories, TV, radio, and posters where appropriate, to carry its safety 

message. 

Question 2a. In addition to using existing tools such as the new consumer safety 

data base, what more can CPSC do to ensure that harmful products are promptly 

removed from store shelves and American households? 

Answer. In my opinion, the agency should rely on every communication and persuasion tool—emerging or traditional—it has available to transmit safety messages. 

Effective communication typically requires numerous messages sent through different channels to gain proper attention and to reinforce the importance of the safety messages. 

Question 3. Given that CPSC has fewer than 500 employees and the agency is 

charged with ensuring the safety of over 15,000 types of consumer products, I would 

like to know your thoughts on how CPSC can leverage its resources. For example, 

how will you work with state attorneys general to help ensure compliance with consumer product safety rules? 

Answer. In my past experience at the CPSC, there was always a strong inter-governmental relationship between the CPSC and the state attorneys general. I hope 

that such a relationship can be revived. As a former Deputy Attorney General in 

the Pennsylvania Attorney General’s office, I participated in publicizing and enforcing CPSC recalls to great effect. One approach that I might recommend if I am confirmed is for the CPSC to host some regional conferences of state AG’s to raise 

awareness about product safety issues and to obtain the expertise of the AG’s on 

these issues. 

Question 4. 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 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 commissioner, will you support a flexible, common sense 

approach to interpreting the law that ensures a high level of consumer safety? 

Answer. Yes. You have my commitment that, if I am confirmed, I will approach 

all issues that come before me in a common sense fashion. 

Question 4a. 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. Yes. If confirmed, I look forward to looking at this and other issues related to the lead content rules. I will approach these issues in a completely 

commonsensical way. 

Question 5. 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. How will you encourage CPSC staff 

to continue to participate in standards development organizations that are relevant 

to protecting consumer safety? 

Answer. I fully support having CPSC staff participate in standards development 

by voluntary groups. I believe it promotes a full understanding among the parties 

of critical issues and often produces effective safety improvements at lower costs 

than mandatory regulations. I was disappointed recently to see that the agency apVerDate Nov 24 2008 07:52 Jun 22, 2010 Jkt 053265 PO 00000 Frm 00072 Fmt 6601 Sfmt 6621 S:\WPSHR\GPO\DOCS\53265.TXT SCOM1 PsN: JACKIE
69 

parently felt compelled to withdraw from some ongoing voluntary standards development work because of higher priority demands of implementing the CPSIA. If confirmed, I hope to talk to the staff to see whether such a step was necessary and 

to push for continuing development in such work. 

Question 5a. Would you consider referencing the resulting standards in consumer 

safety rules when they are consistent with the Commission’s regulatory objectives? 

Answer. Yes. 

Question 5b. How will you ensure that CPSC rules stay current with emerging 

consumer safety threats? 

Answer. Periodic review by CPSC of safety rules, whether they be mandatory or 

consensus standards, is necessary to stay current with emerging consumer threats. 

Also, when rules are thoughtfully developed in performance terms, they set useful 

safety parameters but leave compliance to manufacturers, thus permitting new technologies without the constant necessity of revising agency rules. 

RESPONSE TO WRITTEN QUESTION SUBMITTED BY HON. DAVID VITTER TO

ROBERT S. ADLER

Question. I thank both nominees for meeting with me prior to their consideration 

by the Committee. Also, I want to thank them for the good discussions we had on 

three important topics: the need to find a quick and fair resolution to the growing 

problem of tainted drywall from China, to work at the CPSC and with other Federal 

agencies to address the overall problem of products imported from China that are 

unsafe, and to ensure that the process leading to final regulations regarding 

phthalates will be based on sound science. 

On the last topic, I also want to ask that the nominees, if they are confirmed, 

carefully review the proposed Statement of Policy on the testing procedures for products subject to the interim ban on high-molecular-weight phthalates. This policy 

under consideration would require testing of components that are inaccessible by 

children. This testing standard is different than what the Consumer Products Safety 

Improvement Act included for components with certain levels of lead that are inaccessible. I hope that the commission will carefully weigh the benefits and costs of 

the extra testing requirements, while continuing to ensure both safety of children 

and fairness to manufacturers with sound science as the backing for testing during 

the interim period and after the final regulations. 

Answer. If confirmed, I would be happy to review the Statement of Policy at issue 

and to consult with the other Commissioners and CPSC staff about it. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN D. ROCKEFELLER IV 

TO HON. ANNE M. NORTHUP

Question 1. The Commerce Committee considers protecting consumers one of its 

highest priorities. As Commissioner, what will you do to make sure that the CPSC 

protects the public from unsafe consumer products? 

Answer. If I am confirmed, I will work to assure that the mission of the agency 

to protect consumers from unreasonable risk of injury from consumer products is 

carried out aggressively and appropriately. I am especially committed to working on 

behalf of our most vulnerable consumers—children and the elderly. 

Question 2. The CPSC is an independent Federal agency. Are you comfortable 

speaking out against the Administration’s budget and policies if you think those decisions are not in the best interest of protecting consumers? 

Answer. The CPSIA requires that the CPSC submit its proposed budget to Congress when it submits it to OMB. Therefore, the Congress will have the benefit of 

the agency’s views independent from those of OMB. If I am confirmed, I will continue the same independence that was my hallmark as a Member of Congress for 

10 years. I will continue to exercise independent judgment as a member of the 

CPSC. 

Question 3. The CPSC is in the midst of implementing the Consumer Product 

Safety Improvement Act of 2008 (CPSIA). There are a number of rulemakings under 

consideration and new requirements that have significantly expanded the authority 

of the Commission. Will you commit to working through implementation of this law 

in a commonsense manner that recognizes the flexibility of the act? 

Answer. Yes. As a Member of Congress, I have consistently sought common sense 

solutions to problems. I intend to continue that approach if confirmed as a Commissioner for the CPSC. 

70 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. TOM UDALL TO

HON. ANNE M. NORTHUP

Question 1. As you know, almost all of the children’s toys sold in the United 

States are made in foreign countries such as China. The infamous ‘‘summer of recalls’’ reminded us of the importance of ensuring the safety of all these imported 

products. 

I would appreciate hearing both panelists’ views on ensuring product safety in an 

era of global supply chains. What proactive measure should the CPSC take to prevent unsafe, foreign-made products from being sold in the United States? How 

should CPSC work with manufacturers, U.S. Customs and Border Patrol, and foreign governments to protect American children and consumers from unsafe imported 

products? Since passage of the landmark CPSIA legislation, does the CPSC now 

have the resources and authority it needs to protect our children from harmful and 

tainted products imported from foreign countries? 

Answer. Since all current expertise at the CPSC is not currently available to me, 

it is premature for me to make specific recommendations about what actions the 

CPSC should take concerning foreign-made products being sold in the United 

States. However, I believe that consumers wouldbenefit greatly from increased coordination among manufacturers, U.S. Customs and Border Patrol (CBP), foreign 

governments and the CPSC. Should I be confirmed, I would work to expand the 

CPSC’s port surveillance system, and ensure open communication with foreign governments and manufacturers about the U.S. consumer product safety laws, specifically CPSIA. I am aware of efforts to strengthen the working efficiencies between 

CPSC and the CBP and would support those efforts. I would work to ensure that 

the dollars appropriated to CPSC would be used to accomplish the maximum protection for our children. By taking advantage of the fast changing technologies that are 

currently more widely available for tracking inventories, I would hope that more 

could be accomplished at a lower cost. 

Question 2. Product recalls are one of the main tools CPSC uses to protect consumers. The CPSC website does provide helpful information about recent recalls. 

However, as a consumer, it is not always easy to know if you have a product at 

home that has been recalled for safety reasons. Moreover, not all Americans have 

access to the Internet. What are your thoughts for improving the effectiveness and 

response rate for product recalls? In addition to using existing tools such as the new 

consumer safety data base, what more can CPSC do to ensure that harmful products are promptly removed from store shelves and American households? 

Answer. Should I be confirmed, I look forward to working to improve the process 

for disseminating information about product recalls. As a mother of six children, I 

know how important it is for parents, and for all consumers, to have accurate information about the safety of the products they use. I intend to closely review information the agency already has that explains how the recalls are executed and how 

their effectiveness is determined. Using that as a benchmark, I will want to explore 

how the new consumer safety database can enhance access to recall information as 

well as engage the public more in its availability. We must also recognize that not 

all consumers have access to the Internet, so I will work to ensure that those consumers have better access to recall information as well. The goal of keeping recalled 

products from harming consumers is of critical importance to me. 

Question 3. Given that CPSC has fewer than 500 employees and the agency is 

charged with ensuring the safety of over 15,000 types of consumer products, I would 

like to know your thoughts on how CPSC can leverage its resources. For example, 

how will you work with state attorneys general to help ensure compliance with consumer product safety rules? 

Answer. I want the agency to foster beneficial partnerships with state attorneys 

general, as well as relevant state agencies, to achieve our common goal of consumer 

protection. That will expand the impact and effectiveness of the work at the CPSC. 

This is especially important in light of the authority for state attorneys general to 

bring civil action for appropriate injunctive relief under the provisions of the CPSIA. 

A cooperative approach between Federal and state authorities would result in the 

optimal use of resources to protect American consumers. Should I be confirmed, I 

look forward to discussions with Chairman Tenenbaum and the other Commissioners how best to work with state attorneys general on enforcement. 

Question 4. 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 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 commissioner, will you support a flexible, common sense 

71 

approach to interpreting the law that ensures a high level of consumer safety? 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. If confirmed, I am committed to regulating in a common sense manner 

that maximizes protection to consumers and minimizes burdens on those regulated 

to the extent that the law allows such flexibility. In addition, I will request a briefing to determine the status of the motorcycle issue, to determine what avenues of 

relief are available, and work with you to determine how the issue can best be addressed. 

Question 5. 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. How will you encourage CPSC staff 

to continue to participate in standards development organizations that are relevant 

to protecting consumer safety? Would you consider referencing the resulting standards in consumer safety rules when they are consistent with the Commission’s regulatory objectives? How will you ensure that CPSC rules stay current with emerging 

consumer safety threats? 

Answer. I understand that an important part of the CPSC staff work is to participate in and support the development of voluntary consensus standards. I believe 

that such standards are an essential element in ensuring the safety of consumer 

products. While I understand that the ongoing staff work on consensus standards 

has been diminished to focus resources on the implementation of the CPSIA, with 

additional resources now coming to the agency, this important work can resume. I 

will work to support active participation by CPSC staff in consensus standards work 

as the agency develops its ongoing work plans and budget for the upcoming years. 

I understand that the Consumer Product Safety Improvement Act recognizes the 

role that consensus standards play in ensuring the safety of consumer products by 

prohibiting mandatory rulemaking when a voluntary consensus standard adequately 

addresses the risk of injury. However, it is also my understanding that the CPSIA 

gives the agency some additional flexibility to determine that products which do not 

meet voluntary standards will be determined to be hazardous. This is an important 

clarification and could be especially important in an import context. 

Identifying emerging product hazards is probably one of the most difficult problems facing the Commission. While I am not yet an expert on the resources the 

agency currently has to identify new product hazards, this is an area where I believe adequate resources must be devoted. In particular, the recently acquired new 

agency laboratory facility will be helpful in carrying out this role. In addition, I believe that the agency should leverage its resources by reaching out to other Federal 

agencies and resources at the state and local level to make sure that it is informed 

of research and data that touch on its safety mission. 

RESPONSE TO WRITTEN QUESTION SUBMITTED BY HON. DAVID VITTER TO

HON. ANNE M. NORTHUP

Question. I thank both nominees for meeting with me prior to their consideration 

by the Committee. Also, I want to thank them for the good discussions we had on 

three important topics: the need to find a quick and fair resolution to the growing 

problem of tainted drywall from China, to work at the CPSC and with other Federal 

agencies to address the overall problem of products imported from China that are 

unsafe, and to ensure that the process leading to final regulations regarding 

phthalates will be based on sound science. 

On the last topic, I also want to ask that the nominees, if they are confirmed, 

carefully review the proposed Statement of Policy on the testing procedures for products subject to the interim ban on high-molecular-weight phthalates. This policy 

under consideration would require testing of components that are inaccessible by 

children. This testing standard is different than what the Consumer Products Safety 

Improvement Act included for components with certain levels of lead that are inaccessible. I hope that the commission will carefully weigh the benefits and costs of 

the extra testing requirements, while continuing to ensure both safety of children 

72 

and fairness to manufacturers with sound science as the backing for testing during 

the interim period and after the final regulations. 

Answer. I believe that the decisions of the Commission must always be based on 

sound science. If confirmed as a Commissioner, I would always take this approach, 

to the extent allowed by law. 

With respect to phthalates specifically, I understand that there are a number of 

unanswered questions, not only with respect to phthalates, but also with respect to 

substitutes for which there is little information about health effects. I understand 

that the CPSC is assembling a Chronic Hazard Advisory Panel that is required to 

complete its investigation within 180 days and that the Commission will then make 

a final determination. If I am confirmed, I will work to ensure that the Panel is 

impartial in its makeup and completes its work on schedule. 

Æ