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CONSUMER PRODUCT SAFETY COMMISSION OVERSIGHT: CURRENT ISSUES AND A VISION FOR 

THE FUTURE 

HEARING 

BEFORE THE

SUBCOMMITTEE ON COMMERCE, TRADE, 

AND CONSUMER PROTECTION 

OF THE

COMMITTEE ON ENERGY AND 

COMMERCE 

HOUSE OF REPRESENTATIVES 

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

SEPTEMBER 10, 2009 

Serial No. 111–63 

( 

Printed for the use of the Committee on Energy and Commerce 

energycommerce.house.gov 


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COMMITTEE ON ENERGY AND COMMERCE 

HENRY A. WAXMAN, California, Chairman 

JOHN D. DINGELL, Michigan 

Chairman Emeritus 

EDWARD J. MARKEY, Massachusetts 

RICK BOUCHER, Virginia 

FRANK PALLONE, JR., New Jersey 

BART GORDON, Tennessee 

BOBBY L. RUSH, Illinois 

ANNA G. ESHOO, California 

BART STUPAK, Michigan 

ELIOT L. ENGEL, New York 

GENE GREEN, Texas 

DIANA DEGETTE, Colorado 

Vice Chairman 

LOIS CAPPS, California 

MICHAEL F. DOYLE, Pennsylvania 

JANE HARMAN, California 

TOM ALLEN, Maine 

JANICE D. SCHAKOWSKY, Illinois 

CHARLES A. GONZALEZ, Texas 

JAY INSLEE, Washington 

TAMMY BALDWIN, Wisconsin 

MIKE ROSS, Arkansas 

ANTHONY D. WEINER, New York 

JIM MATHESON, Utah 

G.K. BUTTERFIELD, North Carolina 

CHARLIE MELANCON, Louisiana 

JOHN BARROW, Georgia 

BARON P. HILL, Indiana 

DORIS O. MATSUI, California 

DONNA CHRISTENSEN, Virgin Islands 

KATHY CASTOR, Florida 

JOHN P. SARBANES, Maryland 

CHRISTOPHER MURPHY, Connecticut 

ZACHARY T. SPACE, Ohio 

JERRY MCNERNEY, California 

BETTY SUTTON, Ohio 

BRUCE BRALEY, Iowa 

PETER WELCH, Vermont 

JOE BARTON, Texas 

Ranking Member 

RALPH M. HALL, Texas 

FRED UPTON, Michigan 

CLIFF STEARNS, Florida 

NATHAN DEAL, Georgia 

ED WHITFIELD, Kentucky 

JOHN SHIMKUS, Illinois 

JOHN B. SHADEGG, Arizona 

ROY BLUNT, Missouri 

STEVE BUYER, Indiana 

GEORGE RADANOVICH, California 

JOSEPH R. PITTS, Pennsylvania 

MARY BONO MACK, California 

GREG WALDEN, Oregon 

LEE TERRY, Nebraska 

MIKE ROGERS, Michigan 

SUE WILKINS MYRICK, North Carolina 

JOHN SULLIVAN, Oklahoma 

TIM MURPHY, Pennsylvania 

MICHAEL C. BURGESS, Texas 

MARSHA BLACKBURN, Tennessee 

PHIL GINGREY, Georgia 

STEVE SCALISE, Louisiana 

(II) 


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(III) 

SUBCOMMITTEE ON COMMERCE, TRADE, AND CONSUMER PROTECTION

BOBBY L. RUSH, Illinois 

Chairman 

JAN SCHAKOWSKY, Illinois 

Vice Chair 

JOHN SARBANES, Maryland 

BETTY SUTTON, Ohio 

FRANK PALLONE, New Jersey 

BART GORDON, Tennessee 

BART STUPAK, Michigan 

GENE GREEN, Texas 

CHARLES A. GONZALEZ, Texas 

ANTHONY D. WEINER, New York 

JIM MATHESON, Utah 

G.K. BUTTERFIELD, North Carolina 

JOHN BARROW, Georgia 

DORIS O. MATSUI, California 

KATHY CASTOR, Florida 

ZACHARY T. SPACE, Ohio 

BRUCE BRALEY, Iowa 

DIANA DEGETTE, Colorado 

JOHN D. DINGELL, Michigan (ex officio) 

CLIFF STEARNS, Florida 

Ranking Member 

RALPH M. HALL, Texas 

ED WHITFIELD, Kentucky 

GEORGE RADANOVICH, California 

JOSEPH R. PITTS, Pennsylvania 

MARY BONO MACK, California 

LEE TERRY, Nebraska 

MIKE ROGERS, Michigan 

SUE WILKINS MYRICK, North Carolina 

MICHAEL C. BURGESS, Texas 


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(V) 

C O N T E N T S 

Page 

Hon. Bobby L. Rush, a Representative in Congress from the State of Illinois, 

opening statement ................................................................................................ 1 

Hon. George Radanovich, a Representative in Congress from the State of 

California, opening statement ............................................................................. 3 

Hon. Henry A. Waxman, a Representative in Congress from the State of 

California, opening statement ............................................................................. 5 

Hon. Joe Barton, a Representative in Congress from the State of Texas, 

opening statement ................................................................................................ 6 

Hon. John D. Dingell, a Representative in Congress from the State of Michigan, opening statement ....................................................................................... 7 

Hon. Ed Whitfield, a Representative in Congress from the Commonwealth 

of Kentucky, opening statement ......................................................................... 9 

Hon. Janice D. Schakowsky, a Representative in Congress from the State 

of Illinois, opening statement .............................................................................. 10 

Hon. Steve Scalise, a Representative in Congress from the State of Louisiana, 

opening statement ................................................................................................ 10 

Hon. Kathy Castor, a Representative in Congress from the State of Florida, 

opening statement ................................................................................................ 11 

Hon. Joseph R. Pitts, a Representative in Congress from the Commonwealth 

of Pennsylvania, opening statement ................................................................... 12 

Hon. Bruce L. Braley, a Representative in Congress from the State of Iowa, 

opening statement ................................................................................................ 13 

Hon. Betty Sutton, a Representative in Congress from the State of Ohio, 

opening statement ................................................................................................ 14 

Hon. Diana DeGette, a Representative in Congress from the State of Colorado, opening statement ...................................................................................... 15 

Hon. Gene Green, a Representative in Congress from the State of Texas, 

prepared statement .............................................................................................. 44 

Hon. Cliff Stearns, a Representative in Congress from the State of Florida, 

prepared statement .............................................................................................. 46 

Hon. Michael C. Burgess, a Representative in Congress from the State of 

Texas, prepared statement .................................................................................. 47 

Hon. Phil Gingrey, a Representative in Congress from the State of Georgia, 

prepared statement .............................................................................................. 50 

WITNESSES

Inez Moore Tenenbaum, Chairman, Consumer Product Safety Commission ..... 16 

Prepared statement .......................................................................................... 18 

Answers to submitted questions ...................................................................... 219 

SUBMITTED MATERIAL

Letters from 5 consumer groups to Mr. Rush ....................................................... 55 

Letters from over 100 constituents, submitted by Mr. Radanovich .................... 66 

Letter of March 4, 2009, from Mr. Dingell to CPSC ............................................. 188 

Response from former Chairman Nord ........................................................... 193 

Response from Commissioner Moore .............................................................. 217 


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(1) 

CONSUMER PRODUCT SAFETY COMMISSION 

OVERSIGHT: CURRENT ISSUES AND A VISION FOR THE FUTURE 

THURSDAY, SEPTEMBER 10, 2009 

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON COMMERCE, TRADE, 

AND CONSUMER PROTECTION, 

COMMITTEE ON ENERGY AND COMMERCE, 

Washington, DC. 

The subcommittee met, pursuant to call, at 10:10 a.m., in Room 

2322 of the Rayburn House Office Building, Hon. Bobby Rush 

[Chairman of the Subcommittee] presiding. 

Members present: Representatives Rush, Schakowsky, Sarbanes, 

Sutton, Stupak, Green, Barrow, Castor, Braley, DeGette, Dingell, 

Waxman (ex officio), Radanovich, Whitfield, Pitts, Gingrey, Scalise, 

and Barton (ex officio). 

Staff present: Michelle Ash, Chief Counsel; Anna Laitin, Professional Staff Member; Tim Robinson, Counsel; Angelle Kwemo, 

Counsel; Will Casey, Special Assistant; Miriam Edelman, Special 

Assistant; Jeff Wease, Deputy Information Officer; Lindsay Vidal, 

Press Assistant; Brian McCullough, Minority Senior Professional 

Staff Member; Shannon Weinberg, Minority Counsel; Will Carty, 

Minority Professional Staff Member; and Sam Costello, Minority 

Legislative Analyst. 

OPENING STATEMENT OF HON. BOBBY L. RUSH, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF ILLINOIS 

Mr. RUSH. The subcommittee will come to order. Good morning, 

members and also the commissioner and all of the other folk who 

are gathered in the room. This subcommittee is called to order now 

for the purposes of an Oversight Hearing on Current Issues and a 

Vision for the Future for the Consumer Product Safety Commission, and I welcome everyone to this hearing. The Chair now without any other delays, the Chair recognizes himself for 5 minutes for 

the purposes of an opening statement. 

The Consumer Product Safety Improvement Act was one of the 

premier accomplishments of the 110th Congress. The law created 

basic safety standards for keeping toxic lead and phthalates out of 

children’s products, engaging Consumer Product Safety Commission vital new resources and authority, and establishing a product 

testing system that would ensure product safety. 

I would like to welcome Chairman Inez Tenenbaum, who is the 

ninth Chairman of the Consumer Product Safety Commission. She 


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hails from the great State of South Carolina. Chairman 

Tenenbaum is nationally known and is an advocate for children 

and families. She served with distinction as the State of South 

Carolina’s Superintendent of Education for two terms. I am looking 

forward to seeing and hearing from Chairman Tenenbaum as she 

steers the process of implementing the CPSIA. Under her leadership, the needed implementation will go far more smoother than 

other previous chairmen and the CPSC will work effectively utilizing the increased resources that are now at its disposal. This is 

why I am so pleased to welcome Chairman Tenenbaum today and 

to hear from her about the Commission’s new direction and its future vision. 

It is mentionable that the Chairman now has a full complement 

of commissioners, something which it lacked for far too long under 

the previous administration. I think that the President has chosen 

well in nominating Robert S. Adler and Anne Northup as commissioners. Commissioner Adler has a deep history of experience as a 

former advisor to two CPSC commissioners, Commissioners Pittle 

and Steorts. 

Commissioner Northup is the former Congresswoman from Kentucky’s third district and the mother of six, who served for 9 years 

in the House of Representatives. As a congresswoman, Commissioner Northup founded the House Reading Caucus and co-chaired 

the Congressional Coalition on Adoption which further shows her 

own personal commitment to helping and defending children. 

Madam Chair, when you took the helm you showed great courage, sound judgment and a purpose for rulemaking over our safety. 

One of the first agenda items that you scheduled was whether to 

include crystal and glass beads in children’s jewelry from the lead 

content restrictions in Section 101(a) of the CPSIA. You applied the 

facts as you found them to the CPSI lead limits and to the real 

world facts and foreseeable possibilities. For example, you talked 

and wrote about how children handled and played with this jewelry 

by mouthing, ingesting and swallowing the beads and how any 

amount of lead constituted too much lead in these beads. You are 

willing to grapple with thorny issues and the business of our Pacific Rim trading products who today manufacture as much as 85 

percent of our toys and 95 percent of our solvents, and almost 60 

percent of our electrical products, shows your leadership and your 

vision. Unfortunately, more than 85 percent of our country’s recalled products are also imported. 

Chairman Tenenbaum, I will ask you questions this morning 

based on remarks you have made in your public statements on 

some substantive areas that pose special safety and recalled challenges and how you will go about implementing the CPSIA. I am 

also very interested in hearing how you see the CPSIA’s 

transitioning from the Nord-era to Tenenbaum-time. We will look 

for a shiny, new product safety product testing facility with more 

employees and more appropriated dollars. 

And as I close, I want you to comment as succinctly as you can 

about the CPSC’s timeline for adopting new rules under CPSIA, 

about some of the things that the GAO advised us and other improvements that you will make at the agency. I look forward to 


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hearing your testimony and I thank you again for visiting with us 

today. 

Mr. RUSH. The Chair now recognizes the ranking member, Mr. 

Radanovich for 5 minutes. 

OPENING STATEMENT OF HON. GEORGE RADANOVICH, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA 

Mr. RADANOVICH. Thank you, Chairman Rush, for calling this 

important hearing today. 

The CPSC is a small but important agency whose mission is implementing and enforcing our nation’s Federal Consumer Protection Safety Laws. The Commission and its staff work hard to ensure consumer products are safer when they reach the homes of 

our constituents. 

We all remember the increase in commission-mandated recalls in 

2007. Weekly headlines detailed various toy dangers, most of which 

were due to manufacturers’ failure to comply with existing standards, for instance, lead paint. To their credit, the Commission’s 

staff was able to affect more recalls in 2007 than in any other year 

in the CPSC history and despite the Commission’s diligence, some 

observers claim the increase in recalls was evidence that reform 

was necessary and spurred the enactment of the Consumer Product 

Safety Improvement Act, also known as CPSIA. 

CPSIA instituted the most sweeping changes to the Commission’s regulatory environment since it was created. Among the 

changes, the law imposes many new requirements on businesses in 

the name of providing greater assurances that consumer products 

reaching our ports and placed on our store shelves are safer. While 

no one disagrees with creating safer products and it is good for 

public policy, we don’t all agree on how to get there. The law has 

had consequences detrimental to many hardworking Americans. 

Put simply, the law is not working the way that many of us 

thought that it should work. 

In April, hundreds of business owners that want to abide by the 

law came to Washington and voiced their concerns. The new law 

is crippling many honest businesses, particularly small businesses 

with burdensome and costly testing requirements for children’s 

products, many of which the evidence shows are completely safe, 

and despite the Commission’s stays of enforcement protecting many 

manufacturers are still being required to prove that their products 

are CPSIA compliant. As a result, testing for perfectly safe products is costing businesses millions of dollars, inventory losses for 

safe but technically noncompliant products is estimated in the billions and there is no discernible improvement in child safety. 

Many small and home-based businesses are already hurting from 

the economic recession. On top of the decrease in consumer spending, manufacturers and retailers are now faced with the new cost 

of complying with CPSIA and if they can comply at all. Many of 

these same small and medium-size businesses will also suffer punitive effects of the cap and trade legislation passed by the House 

and the healthcare legislation this committee reported out last 

month. 


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We committed nearly $1 trillion in stimulus spending for various 

industries, bailed out the auto industry, bailed out financial firms, 

bailed out homeowners and helped purchase new cars for some consumers, but where is the relief for small businesses who we now 

burden with this regulation. These small businesses are beginning 

to think that Congress is waging war against them. Providing sensible regulatory relief to those affected by CPSIA would be a nocost stimulus for the very businesses we are counting on to create 

new jobs and to bring us out of an economic recession, and it is the 

right thing to do. 

The biggest problem with CPSIA I see is that it doesn’t distinguish between risky and safe products. The law strips the Commission of discretion in granting CPSIA exemptions for children’s products. The Commission confirmed this interpretation of the law 

when it voted to deny exemption petitions because the law simply 

does not permit exemptions if any lead can possibly be absorbed, 

even if the staff believes the products are not harmful. This standard is more stringent than the FDA’s limits for milk and for water, 

the water our children drink. 

The law is not only impacting businesses, it is also straining the 

Commission’s resources as they process the thousands of comments, petitions, rulemakings and other CPSIA-related actions. 

The Commission has done the best it can with the resources that 

the appropriators granted to increase its staff in order to meet the 

stringent deadlines required by law, but it has not received everything we authorized and therefore, needs relief from these tight 

timelines. 

I commend the Commission for finding creative ways to provide 

some relief to businesses with a few commonsense exemptions and 

stays of enforcement. Unfortunately, some of these actions are only 

temporary and they don’t address the bulk of the problems, but the 

highlight of the recognition that compliance with the law as written is impossible for many businesses, and it won’t improve safety. 

I am disappointed that we will not hear from any witnesses from 

the many businesses adversely affected by the new law, but I look 

forward to a robust conversation with the new Chairman on these 

matters. 

Mr. Chairman, I appreciate your desire to conduct this oversight 

hearing into the Commission’s priorities under a new administration. It is clear that the top priority for all of us should be to fix 

the law that we wrote so that it works for everybody. A one-sizefits-all approach is not working and will not improve safety. The 

time has come for us to work together and fix the problem by restoring flexibility for the Commission to determine what presents 

a real risk to children’s safety, and appropriately target those risks 

and I stand ready to work with you on this, Mr. Chairman, and I 

welcome Chairman Tenenbaum to the committee. Thank you. 

Mr. RUSH. Thank you. The Chair now recognizes the Chairman 

of the full committee, Mr. Waxman, for 5 minutes for the purposes 

of opening statement. 


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OPENING STATEMENT OF HON. HENRY A. WAXMAN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA 

Mr. WAXMAN. Thank you very much, Mr. Chairman, for holding 

this important oversight hearing and I want to welcome Chairman 

Tenenbaum to this hearing today, as well. 

Last year Congress enacted the truly historic legislation on product safety. Our product safety system—and especially our toy safety system—was terribly broken. We saw record recalls and the 

total loss of consumer confidence in the safety of products, and children were killed and horribly injured by defective and dangerous 

products, and the stories were shocking. The situation was unacceptable to the American people and Congress responded. Following a lengthy and careful process, we enacted legislation that is 

strong, well-designed and effective. 

The law bans lead in children’s products, a step that is decades 

overdue. There is no safe level of lead and no reason that children 

should be exposed to lead in their toys. The law establishes a safety net for product safety that many consumers already assumed 

was in place. For the first time under this law, manufacturers need 

to demonstrate their products are safe before they can be sold. The 

law bans phthalates in certain children’s products in recognizing 

science that shows these chemicals to be dangerous, especially to 

the youngest and most vulnerable children. 

And finally, the law addresses systemic problems at CPSC to 

provide them with stronger legal authorities to carry out their mission and additional funding for the agency, and we restored the 

Commission to its full size of five commissioners. This is a key step 

that enables the Commission to carry out its critical mission after 

years of neglect and dysfunction. So in short, the law is a good, 

strong one and it vastly improves our children’s health and safety. 

Now that we are a year away from the recalls, the most dramatic 

stories have left the front pages, some suggest that we don’t really 

need such a strong law but the fact remains that the system we 

had in place was a failure. This law was necessary. To retreat now 

from the proven consumer protections achieved under this law 

would be a huge mistake. There is no question however, that implementation has at times been uneven. Since the law went into affect, there has been unnecessary and widespread confusion among 

businesses and consumers, and I am committed to working with 

the Commission and with interested members of Congress and to 

you particularly, Mr. Chairman, to assure that moving forward, implementation of the law is clear and comprehensible. 

And that is why I am very pleased that Ms. Tenenbaum is here 

and we will hear from her about her plans for the Commission and 

for the law. I have great confidence in the Chairman together with 

the other four commissioners that they will restore the agency to 

one capable of carrying out this law and its entire mission effectively and efficiently. I look forward to hearing the Chairman’s testimony and I look forward to engaging in a productive relationship 

with leadership that is truly committed to protecting all consumers, 

especially our children. 

Thank you, Mr. Chairman. 


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Mr. RUSH. The Chair now recognizes the ranking member of the 

full committee, the gentleman from Texas, Mr. Barton, for 5 minutes. 

OPENING STATEMENT OF HON. JOE BARTON, A 

REPRESENTATIVE IN CONGRESS FROM THE STATE OF TEXAS 

Mr. BARTON. Thank you, Mr. Chairman, and thank you, Chairwoman, for being here. 

I voted for the bill last year. I was on the conference committee 

along with Chairman Waxman and Mr. Dingell and Mrs. Schakowsky and others so I am a supporter of the bill. Having said 

that, I listened with some astonishment to what our distinguished 

Chairman, Mr. Waxman, just said. I interpret what he said to 

mean that it’s just a problem with implementation. It is not a problem with implementation. 

As you have said, Madam Chairwoman, the law doesn’t give you 

the flexibility to do some of the things that you have been encouraged to do to implement the law. We need to change the law. We 

need to perfect it. We need to modify it. We need to give some flexibility and some discretion to your agency to implement this law. 

I and Mr. Radanovich and others have repeatedly asked Chairman Waxman to hold a markup or work with us on a bipartisan 

basis to come up with a bill to fine tune the law that we passed 

last year. We started making those requests informally in January. 

Today is a hearing which is a good step, but that is all this is. It 

is a hearing. We need to do more, in my opinion, than hold a hearing. I have got right here—I would say that is 200 letters, maybe 

150 of small businesses around this country that have written to 

myself and to the Chairman and other members of the committee 

to do something to fine-tune the law. 

Mr. Radanovich is going to ask unanimous consent at some point 

in time to put those letters in the hearing record. We have products 

before us. The dress that is in front of Mr. Radanovich can’t be 

tested because if you test it, it destroys it. These products are going 

to be pulled off the shelves because the cost of the test is more than 

the value of the products that are sold. There should be some commonsense implementation, some commonsense refinement. We are 

not trying to change the lead standard. We are not trying to backpedal on the intent of the law, but when you can’t sell an all-terrain vehicle because of concern that a child is going to ingest the 

tailpipe or something like that, there needs to be some discretion 

given to the regulatory agency to use a commonsense approach to 

implementing the regulations. 

So, Mr. Chairman, I am glad that you are holding this hearing. 

I am going to submit my formal statement for the record. I hope 

it doesn’t—I know you are a White Sox fan and not a Cubs fan, 

but I hope it doesn’t take the Cubs winning the pennant before we 

decide to act to change this bill. You know, we need—and the good 

news is that what we have done, it is not that difficult, and that 

it can be done in a bipartisan basis, and it can be moved out of 

committee, and it can be moved to the House and the other body 

for the President to sign in the next 2 to 3 months. I mean, this 

is not a huge mountain that we are trying to overcome and there 

is not—if we get past the insistence that it is a perfect bill and it 


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is like the Ten Commandments, you can’t change a letter even in 

any of the Ten Commandments, we can get this done, and I hope 

that is what this hearing is about is finding a way to get it done. 

With that, Mr. Chairman, I yield back. 

Mr. RUSH. The Chair wants to thank the ranking member and 

wants to ensure the ranking member that we will get something 

done before the Aggies win the BCS. 

Mr. BARTON. It could happen, Chairman. 

Mr. RUSH. The Chair now recognizes the Chairman Emeritus of 

the full committee, my friend from Michigan, Mr. Dingell, for 5 

minutes. 

OPENING STATEMENT OF HON. JOHN D. DINGELL, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MICHIGAN 

Mr. DINGELL. Mr. Chairman, I commend you for holding today’s 

hearing. It is an important one. I would like to extend my warm 

regards and welcome to Chairman Tenenbaum and I would like to 

thank her for appearing before us today to discuss issues facing her 

agency and her vision of the agency’s future. 

I want to make it very clear, Mr. Chairman, this hearing is needed. It is oversights in the way that it should be conducted and 

again I commend you for it. 

A long time ago, a dear friend of mine by the name of John Moss, 

then a member of this committee, and I in this room held a series 

of hearings which led to the enactment of legislation creating the 

consumer product safety which he and I and other members were 

co-sponsoring. Last year, my dear friend, the ranking Republican 

member of this committee, and I got together with other members 

of this committee including you, Mr. Chairman, all in a sense of 

concern about the fact the Consumer Product Safety Commission 

was not able to do its job because of budget cuts, personnel cuts, 

demoralization, the inadequacy of researchers and personnel to do 

its job. And from that came the successor Act to the original Consumer Product Safety Act which was passed in ’72, and which returned it somewhat, and the Commission somewhat, to the state 

that it had had at the time that we offered the first legislation. 

Now, I want to make it very clear that as the original author or 

the remaining original author of the Consumer Product Safety Act 

and the author of last year’s legislation, I feel very strongly about 

the needs for strong protection for the nation’s consumers. And I 

feel very keenly that the Consumer Product Safety Commission 

who has not been able to do its job because of the deregulatory attitude and a skimpy attitude with regard to funding in the nation’s 

regulatory agencies. And so with my colleagues on this committee, 

I wholeheartedly supported a restoration of a good regulatory 

framework to ensure the safety of consumer products distributed in 

the commerce of the United States, particularly those meant for 

use by children. And that is the feeling which I shared with my colleagues on this committee and we tried to see to it not only did 

they get the authorities and use the authorities which they had at 

the CPSC but also that they got the researchers which had been 

permitted to shrivel in a most lamentable fashion. Indeed, to 

laughable proportions compared with those of other federal reguVerDate Mar 15 2010 05:05 Aug 15, 2012 Jkt 074096 PO 00000 Frm 00013 Fmt 6633 Sfmt 6633 E:\HR\OC\A096.XXX A096

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latory agencies so that the agency was in effect completely 

neutered and incapable of doing its business but we thought we 

had corrected that, and I would note that until recently CPSC 

might well have been described as a moribund agency, hampered 

by inadequate funding and all too limited statutory mandates. 

For these reasons, we did what we did in terms of the Consumer 

Product Safety Improvement Act, CPSIA, which I have alluded to 

earlier which was ultimately signed into law by President Bush 

last August. CPSIA is meant to bolster the agency and to enhance 

its authorities in order to improve CPSC’s ability to carry out its 

fundamental purpose, again the protection of consumer health and 

safety. 

It should be noted though that a funny thing happened on the 

way to the forum. Our dear colleagues on the other end of the 

building called the United States Senate got into the act and with 

profound ignorance of the way the law worked or the intention of 

this committee and the authors of the legislation, proceeded to do 

extensive redrafting and it created difficulties which we were unable to cure in the conference between the House and the Senate. 

We had abundant outside assistance which confused the issues further, from consumer representatives and enthusiasts who did not 

know how government works or how government should work, and 

we had considerable messing around from both the Senate and 

from this body which has created confusions which remain today. 

Now, I remain concerned about the difficulties that have been encountered in the implementation of the CPSIA as improved by the 

United States Senate. I would remind all persons that legislation 

passed this committee unanimously in a bipartisan fashion and 

again I commend my friend, the ranking minority member, for his 

leadership in this matter and his cooperation and assistance. And 

it passed the House unanimously and then it came back from the 

Senate and all of a sudden we had a lot of negative votes because 

people were honestly concerned about the confusion that had been 

inflicted by the United States Senate through it’s own amendment 

process and through the process which we sought advice in the 

country. In any event, there appears now to be problems and I am 

hopeful, Mr. Chairman, that we will be able through this process 

to ferret them out and to correct them, and indeed to find out what 

they might be and how they are impacting upon the American people, upon consumers and upon businesses. 

In January on the 30th, in a letter to the committee, former 

CPSC Chairman Nord wrote, ‘‘The timelines in the law are proving 

to be unrealistic,’’ which in fact, they are, and then ‘‘[CPSC] will 

not be able to continue at this pace without real risk of promulgating regulations that have not been thoroughly considered.’’ 

Moreover, Chairman Nord stated, ‘‘Although CPSC staff has been 

directed to move as quickly as possible to complete its work, short 

circuiting the rulemaking process gives short shrift to the analytical discipline contemplated by the statute.’’ 

In brief, Mr. Chairman and Madam Chairman, I intend to use 

my time today to discuss with you whether you share this view and 

more specifically whether you believe that CPSIA contains realistic 

deadlines for rulemakings and compliance as well as too little implementation discretion to CPSC. These problems have triggered a 


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number of meetings between members of the House and Senate in 

which it discussed that perhaps maybe the House and the Senate 

should pressure CPSC to come to conclusions which may or may 

not be supported by the law. And I wish to state with great clarity 

that it is not my intention to undo anything that has been achieved 

via CPSIA but rather to discover what action by this committee as 

a part of its oversight may be necessary to correct any shortcomings that have been inflicted on the law and on the people of 

the United States by the actions of our dear friends in the Senate 

who have confused in a splendid fashion an otherwise excellent 

statute. 

I want to thank you, Mr. Chairman, and thank you, Madam 

Chairman, for coming before the committee today and I look forward to a frank and productive discussion about the matters currently confronting the CPSC as well as the future of the agency in 

the hope that perhaps our current efforts may achieve without the 

assistance of our dear friends and colleagues in the Senate the kind 

of confusion that has been inflicted upon your agency in the time 

since we passed CPSIA. I thank you, Mr. Chairman. 

Mr. RUSH. The Chair thanks the Chairman Emeritus and now 

the Chair recognizes the gentleman from Kentucky for 2 minutes 

for the purposes of opening statements. 

OPENING STATEMENT OF HON. ED WHITFIELD, A REPRESENTATIVE IN CONGRESS FROM THE COMMONWEALTH OF KENTUCKY 

Mr. WHITFIELD. Thank you, Chairman, for having this hearing 

today. 

I also was a conferee on this legislation that met with the Senate 

to adopt this legislation and it passed overwhelmingly in the House 

and also in this committee as former Chairman Dingell said. I 

think we also have a responsibility to protect our children and this 

legislation does precisely that but it also has had unintended consequences and many members have already discussed that today. 

The timelines are in question, the exemption authority that was 

taken away really from the consumer protection Commission. The 

sad thing is now the standard is so strict that the CPSC does not 

have the flexibility to exempt seemingly obvious products that do 

not contain a lead or other chemically hazardous materials and so 

we have a lot of small business people today spending thousands 

of dollars to prove that their product is safe, knowing full well that 

it is safe. 

And so it seems to me that it is not right that Congress passes 

a law so stringent that the Commission with the authority to enforce these laws does not have any flexibility. And I think we have 

an obligation to the people of the United States, particularly at this 

time of an economic downturn that we do not want to make it more 

difficult for small business people to stay in business, and we need 

to do everything that we can do to correct the problems that are 

in the legislation that was passed overwhelmingly by the House 

and Senate. 

Now, I yield back the balance of my time. 


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Mr. RUSH. The Chair thanks the gentleman. The Chair now recognizes my friend, the Vice Chair of the subcommittee, the 

gentlelady from Illinois, Ms. Schakowsky, for 2 minutes. 

OPENING STATEMENT OF HON. JANICE D. SCHAKOWSKY, A 

REPRESENTATIVE IN CONGRESS FROM THE STATE OF ILLINOIS 

Ms. SCHAKOWSKY. I thank you, Chairman Rush, and I want to 

welcome Chairman Tenenbaum. We had the pleasure of meeting 

each other recently. I appreciate very much your reaching out to 

me and hearing about your commitment to make the Consumer 

Product Safety Commission and agency that will truly live up to 

its name and I look forward to working with you. 

I too wanted to talk about the Consumer Product Safety Improvement Act. There were many, many important provisions in 

the bill which I think everybody would agree to. Some that I 

worked on, including mandatory infant and toddler durable product 

standards and testing, and the Danny Keysar Child Product Safety 

Notification Act, and the first mandatory safety standards for children’s toys are going to help grandmothers like me feel confident 

when I buy supplies or gifts for my grandkids that those things are 

going to be safe. 

And I know that there have been problems with implementation 

of the new law, particularly under the previous leadership at the 

CPSC. I personally think that the law can be successfully implemented and I just wanted to point out some flexibility that I do see 

in the law. The law includes language that empowers the CPSC to 

exempt certain materials from the testing and certification requirements, and to relieve those manufacturers of products that are in 

no danger of violating the new standards, and I know that the 

CPSC has begun to apply some of those exclusions and so I think 

there are opportunities within the existing bill to deal with complications. For example, I know that the CPSC has exempted from 

the lead testing requirements components that can’t be accessed by 

a child, components of electronic devices, the inside, intended for 

children, a stay of enforcement of the lead and phthalates testing 

rules for a year or so. A number of things have been done and I 

think we should first before we change the law, look at those and 

see if they can provide the kind of relief to issues that have been 

raised today. 

I thank you, Mr. Chairman, and I yield back. 

Mr. RUSH. The Chair thanks the gentlelady. The Chair now recognizes the gentleman from Louisiana, Mr. Scalise, for 2 minutes 

for the purposes of opening statements. 

OPENING STATEMENT OF HON. STEVE SCALISE, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF LOUISIANA 

Mr. SCALISE. Thank you, Mr. Chairman. I want to thank you and 

Ranking Member Radanovich for having this hearing and I would 

like to congratulate Chairwoman Tenenbaum on her confirmation 

and welcome her before our subcommittee. 

The Consumer Product Safety Commission has a very important 

job. It protects consumers and families from products that may 


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pose a hazard or injure children. We must ensure that the CPSC 

effectively carries out this mission and has the tools to do so. As 

the father of two young children, I want to be assured that the 

CPSC does its job and that the toys all children are playing with 

are safe. 

One particular issue before the CPSC that has affected my district as well as many across this country is Chinese drywall. After 

Florida, Louisiana has had the most cases in the Nation of toxic 

drywall. The Louisiana Department of Health and Hospitals has 

received over 800 complaints about Chinese drywall and it is estimated that the amount of Chinese drywall brought into Louisiana 

after Hurricanes Katrina and Rita could potentially affect approximately 7,000 homes. My office has received numerous complaints 

from constituents affected by Chinese drywall. One man who called 

lost his home to Hurricane Katrina and had to relocate his family 

to another town, only to find out that the home he moved into was 

built with Chinese drywall. Another constituent realized he had 

Chinese drywall in his home when his wife, who was four months 

pregnant, wasn’t gaining any weight. Her doctor told her to move 

out of the home and now she and her husband are living in separate towns while their home is repaired. 

During these economic times, many of our constituents cannot afford to purchase another home or rent a second one while repairs 

are being made. It is clear that Chinese drywall is wreaking havoc 

in homes, charring electrical wires, corroding metal and causing serious health problems. We must determine the origin and scope of 

the toxic drywall and we must take action against those who introduced the drywall into American markets. It is also important that 

we continue to testing in order to realize the potential health problems that Chinese drywall can cause. 

Chairwoman Tenenbaum, in your testimony you mentioned that 

the CPSC is committed to finding answers and solutions for all the 

homeowners impacted by this issue. I want to know what those answers are and solutions you have found. The citizens of Louisiana 

and elsewhere in the country who have been impacted by Chinese 

drywall deserve clear answers and solutions. Those affected in my 

State have already been through so much and now 4 years after 

Katrina many once again have to rebuild their homes. This is unacceptable and we must ensure that no one has to encounter these 

problems in the future. 

I look forward to your testimony and I yield back. 

Mr. RUSH. The Chair recognizes now the gentlelady from Florida, 

Ms. Castor, for 2 minutes for the purposes of opening statements. 

OPENING STATEMENT OF HON. KATHY CASTOR, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF FLORIDA 

Ms. CASTOR. Thank you, Mr. Chairman, very much for calling 

this important oversight hearing of the Consumer Product Safety 

Commission. 

Welcome to Chairman Tenenbaum. I am pleased that we have 

this opportunity to discuss the Consumer Product Safety Act with 

you. You have outstanding experience and your background as a 

teacher and the State School Superintendent for the State of South 

Carolina demonstrates your commitment to families and consumer 


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issues and you are off to a great start, and in many ways, this 

hearing is going to be very different then if we had proceeded with 

the one scheduled a few months ago. At that time, many concerns 

were expressed to me about the CPSIA implementation, many of 

them stemming from the lack of information and what to expect 

from the Consumer Product Safety Commission. Rumors were flying that children’s bookstores would be forced to closed or thrift 

stores would not be able to sell toys at all, but under your leadership in the last few months many of these concerns have been addressed, and I thank you for that. 

I appreciate that the assignment that was given to the Consumer 

Product Safety Commission was not an easy one. The new Consumer Product Safety Improvement Act was a fundamental shift 

from a reactive product safety regime to a proactive approach. Before parents just had to hope that toys they were buying for their 

kids were safe and watch for product recalls, and all too often the 

prevailing consumer safety policy with regard to toys was caveat 

emptor and this resulted in a disastrous 2007 Christmas shopping 

season when popular toy trains had friendly, inviting faces painted 

on them with Chinese lead paint, and one popular toy called Aqua 

Dots allowed children to arrange brightly colored beads into designs and then bind them together with water. Unfortunately, the 

beads gave off the so-called—the drug GHB when swallowed, so 

Congress gave the CPSC a big responsibility last year and there 

have been some bumps in the road. 

For too long there has been a lack of guidance from the agency 

for retailers and manufacturers and some of the deadlines for guidance came and went without the required guidance but I am extremely encouraged by the actions taken by the Commission in recent months. The quality and quantity of the proposed rules that 

have come out just since your swearing in is truly encouraging and 

like my colleague from Louisiana, I do hope you will address the 

important Florida issue important to many other States and that 

is the unsafe Chinese drywall that has been used in the construction of homes. It is making many families in Florida sick. Families 

should not have to worry that the building materials in their walls 

emit corrosive, toxic gases into their home so I look forward to 

hearing more from you about what the Commission is doing about 

toxic drywall and what we can do to help on that issue. 

Thank you being here. I yield back my time, Mr. Chairman. 

Mr. RUSH. The Chair recognizes the gentleman from Pennsylvania, Mr. Pitts, for 2 minutes. 

OPENING STATEMENT OF HON. JOSEPH R. PITTS, A REPRESENTATIVE IN CONGRESS FROM THE COMMONWEALTH 

OF PENNSYLVANIA 

Mr. PITTS. Thank you, Mr. Chairman. Thank you for holding this 

important hearing on the issues and the future of the Consumer 

Product Safety Commission. 

I think we all agree that protecting consumers, especially children from unsafe products is a worthy goal of government regulation. In 2008, the House Representatives passed the Consumer 

Product Safety Improvement Act with the goal of improving the 

safety of products that children and parents use everyday. HowVerDate Mar 15 2010 05:05 Aug 15, 2012 Jkt 074096 PO 00000 Frm 00018 Fmt 6633 Sfmt 6633 E:\HR\OC\A096.XXX A096

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ever, the implementation of this law has given me cause for concern. We have observed a number of unforeseen and negative consequences arise and that are now putting undo pressure on businesses and manufacturers here in the United States. These consequences are increasingly problematic, especially during tough 

economic times when we desperately need the jobs provided by 

businesses and manufacturers. 

I received countless e-mails and phone calls and letters from 

businesses expressing the difficult and damaging affects this law is 

having on them. The CPSC needs the proper resources and the 

time and the flexibility to carry out the implementation of this law 

in a reasonable and thoughtful manner. I have grandchildren and 

I want to be sure their toys are safe. I don’t want to weaken laws 

that ensure the products on the market are safe for all consumers 

but we need to do this in a way that is realistic, clear and fair and 

that is why I have joined many of my colleagues in co-sponsoring 

H.R. 1815. I believe this bill institutes the needed flexibility the 

Commission needs in order to respond to the concerns of businesses 

and industry. 

I welcome Chairman Tenenbaum. I look forward to hearing your 

testimony and appreciate you coming here today, and I yield back. 

Mr. RUSH. The Chair recognizes the gentleman from Iowa, Mr. 

Braley, for 2 minutes. 

OPENING STATEMENT OF HON. BRUCE L. BRALEY, A 

REPRESENTATIVE IN CONGRESS FROM THE STATE OF IOWA 

Mr. BRALEY. Thank you, Mr. Chairman, and, Chairman 

Tenenbaum, I think the most important component of your very 

impressive resume is your experience as an elementary school 

teacher because elementary school teachers use commonsense in 

enforcing the law of their classroom everyday. My mother has been 

teaching in Iowa for over 50 years and at the age of 80 she is still 

subbing so I have great respect for elementary school teachers. 

But I want to focus on a couple of things that have not really 

been discussed here this morning and one is the point that you 

raised in your opening statement about the need for increased port 

monitoring. But underneath that there is a subtext that we rarely 

talk about and that is the incredible impact of foreign manufactured goods on the safety of consumers in this country. We have 

seen an incredible shift in consumer products that were manufactured in the United States that are now being made overseas. Most 

States have product liability laws that limit recovery in the chain 

for distribution to the manufacturer of those products if the manufacturer is subject to the jurisdiction of the courts and has not been 

declared insolvent. Anyone who ever tries to hold a Chinese manufacturer accountable to the jurisdiction of the courts in the State 

will tell you it is an immense challenge. In fact, many of these factories in China are de facto agents of the Chinese government and 

so the whole concept of accountability in U.S. courts is an enormous impediment to consumer safety. That is why the role of your 

agency is so critical and that is why the lack of enforcement on defective foreign products is one of the biggest challenges U.S. consumers face so I applaud your efforts to focus on this. We need to 

realize that many U.S. consumers are not being protected for the 


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injuries and deaths caused by foreign manufactured products and 

come up with a joint strategy to address those concerns. 

On the issue of Chinese drywall, I inspected homes in Boynton 

Beach, Florida with defective Chinese drywall and came back here 

and was sick for the next 6 weeks. I saw with my own eyes the 

corrosive effect on metal that this drywall is having. I smelled the 

odors in these homes. It is an enormous crisis and it is just the tip 

of the iceberg of what is wrong with import monitoring in this 

country. We have a lot to do to improve the enforcement of the 

quality of goods coming into this country and I pledge my commitment to work with you and your office to make sure that we are 

doing a better job of protecting U.S. consumers. 

And I yield back my time. 

Mr. RUSH. The gentleman from Georgia, Mr. Barrow, is recognized for 2 minutes. 

Mr. BARROW. I thank the Chairman. 

In the interest of Chairman Tenenbaum’s time, I will refrain 

from offering an opening statement but I cannot refrain from taking this opportunity to personally welcome you and congratulate 

you on your appointment. Our paths first met 5 years ago when I 

was seeking election to the House and our guest today was seeking 

election to the other body and all I can say is that the other body’s 

great loss is the Consumer Product Safety Commission’s great gain. 

You are certainly one of the best things to have come from South 

Carolina in a long, long time and on behalf of your kinfolk in Savannah, I personally congratulate you and welcome you to the committee and thank you for your service to our country. 

With that, I yield back. 

Mr. RUSH. The Chair now recognizes the gentlelady from Ohio, 

Ms. Sutton, for 2 minutes. 

OPENING STATEMENT OF HON. BETTY SUTTON, A 

REPRESENTATIVE IN CONGRESS FROM THE STATE OF OHIO 

Ms. SUTTON. Thank you, Chairman Rush, and thank you for 

holding today’s important hearing on the Consumer Product Safety 

Commission. 

I am pleased to welcome you, Chairman Tenenbaum. Congratulations on your confirmation. You have such an important role and 

responsibility as the head of the agency charged with protecting 

the public, especially children from unsafe and dangerous products 

and with your appointment I am starting to feel better already. I 

wish you the best of luck. 

Consumer product safety is not an area that we can afford to ignore and last year I was proud when we passed the Consumer 

Product Safety Improvement Act. That law created basic safety 

standards for keeping toxic lead out of children’s products. Manufacturers must affirmatively demonstrate that those products are 

safe. The Act also provides vital new resources and authority including the Import Safety Initiative which puts inspectors at key 

U.S. ports, because as we have heard here today, in recent years 

the relationship, and I know you are well aware of this, the relationship between our Nation’s import safety crisis and our Nation’s 

trade policy has become painfully obvious. As imports have continued to grow, 80 percent of all toys sold in the U.S. are imported 


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from China alone. Some manufacturers have shown a remarkable 

failure to adhere to basic safety standards. It is a national shame 

and embarrassment when companies and importers pay more attention to their costs then our safety and the safety of our children 

and our families. Product safety must be the primary focus. In 

2007 and 2008, more than 37 million toys were recalled in the U.S. 

This year there have been 23 toy recalls issued affecting over 4 million toys and every single recalled toy was manufactured in China. 

We have also seen reports of serious health problems in residents 

of homes containing imported Chinese drywall and in response I 

am pleased that the CPSC established a drywall task force working 

with other agencies to investigate the hazards of imported drywall. 

And I am very interested to see the results of the task force studies 

and see what we can do to ensure that things being imported into 

this country are safe for consumers in the United States. 

I yield back. 

Mr. RUSH. The Chair now recognizes the gentlelady from Colorado, Ms. DeGette, for 2 minutes. 

OPENING STATEMENT OF HON. DIANA DEGETTE, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF COLORADO 

Ms. DEGETTE. Thank you very much, Mr. Chairman. 

I want to add my welcome to our new Commissioner and say hallelujah, we are glad you are here. 

I have been working on this legislation for a long time. I was on 

the conference committee that after we passed the Act to try to 

bring it to the floor and I was really happy to work with my friends 

on the other side of the aisle, in particular Ranking Member Barton to come up with these compromises. 

What I am now interested in is how the Consumer Product Safety Commission is going to implement these far-ranging provisions 

of the legislation. Some issues have come up as we are all aware 

since the enactment of the bill and one of the things I am interested to know, and I think Chairman Dingell and Chairman Waxman and others are interested as well, is can we fix these issues 

administratively? Do we need to amend the bill? What do we need 

to do, in particular, with ATVs and other consumer products? 

I think though that the change that both the legislation and the 

new administration have brought to the agency are exciting. I 

think that we are going to be able to do a lot for the consumers 

of America and I am really proud to be a part of this process. 

With that, Mr. Chairman, I will yield back. 

Mr. RUSH. The Chair thanks the gentlelady. 

It is now my pleasure and my privilege to recognize the Chairman of the U.S. Consumer Product Safety Commission and to extend to her the customary 5 minutes for the purposes of her opening statement but prior to her opening statement I would ask that 

she understand that it is now the practice of this subcommittee 

that you be sworn in before you issue your opening statement, and 

so would you stand and please raise your right hand. 

[Witness sworn.] 


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Mr. RUSH. Her credentials have been well-established earlier in 

this hearing and now it is my pleasure to recognize you for 5 minutes for the purposes of opening statement. 

TESTIMONY OF INEZ MOORE TENENBAUM, CHAIRMAN, 

CONSUMER PRODUCT SAFETY COMMISSION 

Ms. TENENBAUM. Good morning, Chairman Rush, Ranking Member Radanovich and members of the Subcommittee on Commerce, 

Trade and Consumer Protection. I am pleased to be here today to 

talk about the current actions that we are taking at the U.S. Consumer Product Safety Commission to protect the safety of children 

and consumers as well as give you my vision of this agency. 

Let me begin by saying that I am deeply honored to have the 

privilege of serving as Chairman at such an important time in the 

Commission’s history. In my first two months leading the CPSC I 

have focused on three key goals, transparency and openness in 

those we service, a renewed focus on education and advocacy for all 

Americans, and firm but fair enforcement of the product safety 

laws and regulations. My top priority since assuming the Chair of 

the Commission has been meeting the statutory deadlines for rules 

and reports required by the CPSIA. Through the hard work of the 

CPSC staff, and I must say I have never met more dedicated, hardworking people then those people who serve at the Commission, I 

am pleased to announce that 12 substantive rules and policy guidance documents have been released since I was sworn in on June 

23, 2009. In each of these proceedings I have directed the Commission staff to work closely with all impacted stakeholders to ensure 

that the rules that we implement remain true to the statutory intent of the CPSIA while minimizing undue burdens on small businesses and other stakeholders. As we move forward, I assure you 

this subcommittee that we will continue to solicit feedback from all 

involved parties and work to implement commonsense rules that 

are squarely focused on maximizing product safety and reducing 

administrative burdens. 

Another key priority of mine is the rebuilding and revitalization 

of the CPSC’s internal business processes. The Commission’s information technology systems are truly the lifeblood of this agency. 

Sadly, these systems were neglected for far too long. Early today 

the Commission released a plan to Congress outlining phase one of 

our business process modernization initiative which is the implementation of a searchable product information database. By 

leveraging technology, the CPSC can take a proactive approach to 

protect public health and safety, and recognize emerging hazards 

more effectively. 

Consumer education is another key mission and component of my 

tenure at the agency. Through network television appearances and 

newspaper interviews I have worked to reach millions of families 

with information about dangerous cribs, bassinets and window 

blinds, products that have killed young children. Last month the 

GAO released a report noting that the Commission could do a better job of reaching out to poor and minority communities that often 

do not receive critical consumer product safety information and, 

Chairman Rush, I know that this is a key priority of yours and I 

want to assure you that it is also a key priority of mine. To that 


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end, I have directed the Commission staff to expand our education 

and consumer outreach efforts to underserved Americans. 

Later this month, the CPSC also plans to launch a social networking, social engagement program that will establish the CPSC’s 

presence on various new media sites including Facebook, Twitter 

and YouTube. Through these efforts we can educate a greater number of consumers and save lives. 

Increased oversight of the products coming through our ports is 

another key priority. The GAO recently released a study that audited and analyzed the agency’s effort to police imports and prevent 

the entry of unsafe products into the U.S. market. I agree with all 

of these recommendations and I have directed the Commission staff 

to update agreements with the Customs and Border Protection to 

allow better information-sharing. 

It is also critical for this agency to respond diligently to new and 

emerging product safety issues such as problems now being reported with certain types of imported drywall. The CPSC is vigorously pursuing its investigation of imported drywall that has been 

linked to the corrosion of metal components and possible health impacts by homeowners in a number of States, and I understand the 

personal hardships that this issue has caused impacted homeowners and want to assure the members of this subcommittee that 

effective and efficient completion of this investigation is a key priority of the CPSC and our Federal and State partners. 

Finally, I want to say a few words about the importance of pool 

and spa safety. Ensuring the compliance with the Virginia Graeme 

Baker Pool and Spa Safety Act is a critical priority of mine. I am 

happy to share good news with the Congress today about what we 

found in the last few months. We have sent our field investigators 

out to inspect over 1200 pools and spas in 38 States as a part of 

a recently launched enforcement initiative and we have found that 

80 to 90 percent of the pools and spas inspected were found to be 

compliant. This is very good news and means that the children will 

be safe when they go swimming. We are also working with the 

States Attorneys General to find out why the other 10 percent are 

not in compliance. 

Chairman Rush and Ranking Member Radanovich, thank you 

again for allowing me the opportunity to update the subcommittee 

on my vision for the future of the Consumer Product Safety Commission. I believe that CPSC stands for safety, especially the safety 

of children, so with your support I intend to continue the transformation of this agency from what some have described as a teething tiger into the world’s leading lion in consumer protection. 

Thank you and I look forward to answering your questions. 

[The prepared statement of Ms. Tenenbaum follows:] 


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Mr. RUSH. The Chair thanks the Chairman. 

Before we engage in the questioning from the members of the 

subcommittee, the Chair requests unanimous consent that letters 

from five consumer groups and a letter that was sent to me 

through the offices of Congressman Schauer of Michigan, that 

these letters be entered into the record. Without any objections or 

hearing no objections, so ordered. 

[The information appears at the conclusion of the record.] 

Mr. RUSH. Do you want to report unanimous consent requests at 

this time? 

Mr. RADANOVICH. I would. Thank you, Mr. Chairman. I have got 

a couple of unanimous consent requests, statements on behalf of 

Congressman Gingrey and Burgess and also letters from constituents, over 100 here of constituent companies, small businesses that 

are impacted by the effects of CPSIA, of this legislation. I would 

ask that all three of these items be accepted into the record. 

Mr. RUSH. Hearing no objections, so ordered. 

[The information appears at the conclusion of the hearing.] 

Mr. RUSH. The Chair recognizes himself for 5 minutes for the 

purposes of questioning the witness. 

Madam Chairman, last year the CPSC requested $8 million for 

fiscal year 2009 as part of its performance budget statement to the 

Congress and that request has funded 444 full-time employees 

which is an increase of 24 over the full-time employee staffing level 

for ’08, and my question is how many of these additional employees 

have been hired by the agency? Do you seem to need additional employees and are any of those funds still going to CPSC’s enhancements in import safety and product testing capabilities? What proportion of the FTE’s and of your budget will go to each category 

and what other roles do you anticipate the needs FTE will play 

under your administration? 

Ms. TENENBAUM. Thank you, Mr. Chairman. The CPSC has a 

staffing level of 530 FTEs. We are currently at 458 employees at 

the agency. We have 18 pending hires that have accepted offers for 

employment and we have 36 full-time employees that we have 

hired since January, 2009. We have 29 vacancies where interviews 

are currently underway and 27 other positions are in the stages of 

the recruitment process. We hope by October to reach the ceiling 

of 530 employees so that we will be fully staffed and we will be 

putting additional staff in port security and surveillance as well as 

compliance, and throughout the agency to see that we implement 

the CPSIA and other statutes. I can give you the breakdown for 

every division and how many will be added to those divisions. I can 

send it over but I did not bring it with me today. 

Mr. RUSH. Would you please supply that? 

Ms. TENENBAUM. We will get that to you but we are hoping by 

October we will meet the ceiling of 530 which is the maximum 

FTEs that we are supposed to have. 

Mr. RUSH. Can you—the GAO’s report on improving safety for 

minority children and families as you indicated was a major concern of mine and I know from your previous statements that you 

have committed to reversing or to improving the patterns of safety 

for minority children and families. Can you expound a little bit 

more on some of your priorities in that particular area, please? 


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Ms. TENENBAUM. Well, we found that overall the Commission 

needs to improve our ability to educate consumers. There is nothing more disheartening and sad than to find out that products that 

were recalled several years ago are resulting in injury and deaths, 

and we have found that recently we had to go back and reissue 

press releases, and we did this recently on bassinets but so that is 

why we want to step it up. We have a CPSC 2.0 where we are 

going to be using new media as others are to get the messages out. 

We also want to focus in the minority outreach of looking at how 

we can enhance our ability to talk directly with minority organizations. We welcomed the recommendation of the GAO and information that we hope, we think we need to have and the other thing 

is just the information efforts, not only to consumers as a whole 

but targeting minorities. We believe that a child’s economic background should not affect the risk of injury. Now, we will be leading 

a minority outreach day to increase awareness in product safety in 

targeted markets which will be a media event and working with organizations, and then we also work with the Neighborhood Safety 

Network members, and these are several hundred organizations 

where we can get information to them and they disseminate it to 

other minority organizations. We are going to report to you at the 

end of October on the GAO report so we will address that in detail 

in our report to you in October. 

Mr. RUSH. My time has expired. I want to thank you for your responses to my questions. 

The Chair recognizes Mr. Radanovich for 5 minutes. 

Mr. RADANOVICH. Thank you, Mr. Chairman, and welcome, 

Chairman Tenenbaum, to the committee and I enjoyed our getting 

a chance to know each other and appreciate your outreach and welcome you to the Commission. 

I want to just highlight a couple—I have got a couple of items 

in the committee room here to kind of highlight some of the problems that CPSIA seems to have with small business and there is 

a couple of products over there that cost $65, a microscope for $60 

and testing for those products for the microscope is $3,678 for— 

that was for one of 24 samples that were submitted, and the other 

one was $5,973. But I think the item that represents problems with 

small business the most is this Native American ceremonial costume that was created in the Southwest somewhere. Recently my 

family and I came across the country, California to Washington, 

D.C. in a cross-country trip this August and there were a lot of 

vendors at the reservations and such that were making a living by 

selling similar costumes like this, and many of these have beads 

or special designs that make each one of them individual. None of 

them are made the same and this poses a real problem because 

under CPSIA this would have to be—one costume at a time would 

have to be tested and you would be destroying the costume at the 

time that it is testing so it is really a small batch run product problem with CPSIA, and I think this item highlights the problem the 

most. Now, products like this were especially with crystal beads 

and such that folks had a problem with and they submitted a request to exclude crystal and glass beads from the lead provisions 

in CPSIA and it was denied, and I want to read if I can your comment on the denial of the request. It said, ‘‘In making a determinaVerDate Mar 15 2010 05:05 Aug 15, 2012 Jkt 074096 PO 00000 Frm 00034 Fmt 6633 Sfmt 6633 E:\HR\OC\A096.XXX A096

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tion, I was mindful that the statute does not use the term harmful 

amount which would allow staff to utilize a risk-based approach. 

Thus, while Commission staff recognized that most crystal and 

glass beads do not appear to pose a serious health risk to children, 

the request for the exclusion must be denied.’’ 

So I guess I have a couple of questions that kind of revolve 

around this problem of small batch testing and the crystal and 

glass bead exclusion from the lead provisions. Do you think the 

Commission has the flexibility to exempt safe products that don’t 

meet the exemption standard or is it virtually impossible under the 

standard of any lead absorption for most products and materials? 

Ms. TENENBAUM. I appreciate your question, Ranking Member 

Radanovich, because I think there has been some interpretation of 

my comments that have muddied the waters around this issue so 

I appreciate the opportunity to comment. You did read the section 

of my comments that have people wondering were the crystals—did 

they pose no hazard at all to children. And I met with the staff yesterday to make sure that I understand and it was really, I guess, 

poorly worded that part of my statement and what the staff meant 

when they—and I was taking it from their memorandum, was that 

under the Federal Hazardous Substance Act which was the old Act. 

The Act that we enforced and continue to but before it was amended by the CPSIA, that CPSC had to determine whether a product 

can contain lead and it resulted in substantial illness or injury. So 

before you could regulate the lead content, you had to prove that 

there was substantial illness or injury. When you passed the 

CPSIA, we were not required to prove that standard, in fact, Congress struggled over where to set the lead limits and you determined that there was no safe level of lead based on testimony and, 

you know, Congress did. 

Mr. RADANOVICH. Which did not allow you to do any risk-based 

assessment of any of the products? 

Ms. TENENBAUM. Well, going back to the lead crystals, Congress 

has set the threshold after August 14 of this year to be 300 parts 

per million. These lead crystal beads were 900 parts per million up 

to 23,000 parts per million per bead so I think it was poorly worded. 

Mr. RADANOVICH. But during the conversation too, it was known 

that the lead in those beads were not in a form that was going to 

cause a problem even if they were ingested and I think that is 

where the devil is in the detail of a lot of this. Some of those beads 

would have to be crushed up into powder and then swallowed in 

order to have the adverse affect of the lead which makes me think 

that the Commission needs some type of some ability to test things 

on a risk-based assessment. And I guess what I think I would like 

to get an answer from is do you think that products that are excluded such as crystal present an unreasonable risk of injury or are 

unsafe and do you need flexibility to grant permission exemptions 

to permit safe products that can’t meet the statutory limit? 

Ms. TENENBAUM. Well, in the lead we showed that there was 

some leaching but it did not rise to the level with one bead to oppose to be listed under the Federal Hazardous Substance Act. 

Mr. RADANOVICH. But then that doesn’t give you—but you don’t 

have any flexibility to exempt that? 


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Ms. TENENBAUM. But what if the child swallowed 50 small beads, 

we could not determine whether or not one, you know, one bead. 

It was determined we would not put one bead on the Federal Hazardous Substance Act but what if a child swallowed multiple beads 

and it would have raised the blood level. 

Mr. RADANOVICH. And if I may get you to answer this one last 

question though, do you need flexibility to grant exemptions to permit safe products that can’t meet the statutory limit? 

Ms. TENENBAUM. Well, it goes to the heart of the matter on what 

is a safe level for lead and Congress struggled with it. 

Mr. RADANOVICH. But do you feel you need that flexibility so that 

you can exempt safe products? 

Ms. TENENBAUM. I feel it would be premature for me to answer 

that question at this time because these beads went all the way up 

to 23,000 parts per million. 

Mr. RADANOVICH. Well, let us just in all products, do you need 

in any case do you feel that you need the flexibility to grant exemptions for safe products? 

Ms. TENENBAUM. I believe that we have to look at products on 

a case-by-case basis and with good science wedded with a good 

statute determine whether or not it is at risk. 

Mr. RUSH. The gentleman’s time has expired. 

Ms. TENENBAUM. So I think it is premature for me to say when 

Congress struggled with this very issue it was the heart of the 

CPSIA lead limits and Congress collectively decided and overwhelmingly passed a statute that said we will have any lead—we 

will not allow a product that had any lead. 

Mr. RADANOVICH. Even if those products are safe. 

Mr. RUSH. The Chair has been very lenient with the gentleman. 

Mr. RADANOVICH. Thank you, Mr. Chairman. 

Ms. TENENBAUM. Thank you. That’s the heart of the matter really. 

Mr. RUSH. The Chair now recognizes the Chairman Emeritus for 

5 minutes for questioning the witness. 

Mr. DINGELL. Mr. Chairman, I thank you. 

On March 4, 2009, I sent a letter to CPSC with 10 detailed questions concerning implementation of the Consumer Product Safety 

Improvement Act, the CPSIA. I would ask unanimous consent that 

that be inserted in the record at this time, Mr. Chairman. 

Mr. RUSH. Hearing no objection, so ordered. 

[The information appears at the conclusion of the hearing.] 

Mr. DINGELL. At the request or rather at the instruction of 

former Chairman Nord, CPSC prepared responses to the questions 

which I ask unanimous consent be inserted into the record at this 

point. 

Mr. RUSH. Hearing no objections, so ordered. 

[The information appears at the conclusion of the hearing.] 

Mr. DINGELL. Those responses indicated support for amendment 

of the statute, ‘‘in order to allow CPSC to set risk-based priorities 

given the finite resources available to it.’’ I would appreciate now 

your candid responses to the following questions in order to ascertain whether you support such course of action or how we should 

address the problems that the Commission has with the implementation of that statute. As my time is limited, Madam Chairman, I 


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ask that you respond to these questions with a yes or no. I will 

note that I will submit these and other questions for the record in 

order to allow you to provide more detailed answer. 

First question, given widespread concern about the practicality of 

retroactively applying CPSIA’s requirement to existing inventory, 

do you believe that the applicability of such requirements should 

instead be limited to products manufactured after the effective date 

of the statute except in circumstances where the Commission decides that the exposure to a product presents a health and safety 

risk to children, yes or no? 

Ms. TENENBAUM. Well, I would have to say no. The Federal 

Court decided in the phthalate case that we could not exempt products that were manufactured before the statute was passed. 

Mr. DINGELL. Thank you, Madam Chairman. 

Next question, I am concerned that the age limit for children’s 

products defined in CPSIA unnecessarily subject certain products 

such as bicycles or books or magazines to more rigorous standards 

than otherwise necessary. Do you believe the age limit used in the 

definition of children’s products should be lowered to better reflect 

exposure, yes or no? 

Ms. TENENBAUM. No, because you often have a home where multiple children are at all ages using the same product. 

Mr. DINGELL. Now, do you believe that CPSC should be given the 

discretion to set a further age or rather to set a higher age for certain materials or classes of products that pose a risk to older children or to younger ones in the same household, yes or no? 

Ms. TENENBAUM. I think I answered that in number two that we 

need to. 

Mr. DINGELL. Do you mean the same no answer, Madam Chairman? 

Ms. TENENBAUM. Right, no. 

Mr. DINGELL. Thank you. I hope you understand this is not an 

attempt on my part to be discourteous but I have a lot to get in 

here and I am much concerned about that the fact the time is running very fast. 

I am also concerned that the blanket applicability to products of 

certification tracking label requirements would be unduly cumbersome, both from the standpoint of CPSC and consumer product 

manufacturers. Should CPSC be allowed to address certification 

tracking labels and other issues on a product class or other logical 

basis using risk assessment methodologies to establish needs, priorities and a phase-in schedule, yes or no? 

Ms. TENENBAUM. It depends on the individual product. We have 

to look at it product by product. 

Mr. DINGELL. I am going to ask that you will have time to respond further to these questions and I will be submitting additional questions to you as Chairman of the Commission. 

Do you believe the implementation of CPSIA has overstretched 

CPSC’s staff and resources, yes or no? 

Ms. TENENBAUM. It has but they are hardworking and our staff 

is working until midnight many nights. Many worked the 4th of 

July. They are working many weekends to work out to get these 

rules finished so that you can have it. 


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Mr. DINGELL. Madam Chairman, thank you. I have a couple 

more questions here. 

Put differently, does CPSC have adequate resources with which 

to implement CPSIA as well as to carry out its other mandates, yes 

or no? 

Ms. TENENBAUM. No. 

Mr. DINGELL. I am sorry? 

Ms. TENENBAUM. No, we don’t have adequate resources but we 

are working hard to do the best we can. 

Mr. DINGELL. If not, what amount of funding would you suggest 

be given to CPSC to allow it to perform its functions satisfactorily? 

Ms. TENENBAUM. Well, we are not—we submitted our budget to 

OMB and we cannot discuss it until September the 14th, I understand, publicly. 

Mr. DINGELL. Well, we do need the answer to that question for 

us to see that you can function. This committee has legislative jurisdiction over these matters and OMB lacks that jurisdiction. 

Ms. TENENBAUM. Well, we can give it to you on September the 

14th. 

Mr. DINGELL. Remember that difficult fact so I am asking that 

you submit that to us for the record. 

Ms. TENENBAUM. Thank you. 

Mr. DINGELL. Madam Chairman, in conclusion, do you believe 

that the problems encountered in implementing CPSIA can be remedied solely via administrative action by CPSC, yes or no? 

Ms. TENENBAUM. I would say most of them can by administrative 

action. 

Mr. DINGELL. Most, so that means some cannot? 

Ms. TENENBAUM. There will be some areas where we still have 

not come up with a solution. 

Mr. DINGELL. I will be asking further information so as you can 

identify that. Now, if not, do you support targeted amendments to 

CPSIA to address the concerns which have arisen during the Act’s 

implementation, yes or no? 

Ms. TENENBAUM. It is premature for me to answer that. We are 

working with all of the industries that are affected and trying to 

untangle the knots that they have with their products and we are 

making great progress in resolving many of these issues. 

Mr. DINGELL. So you are telling me that such cut and bite 

amendments carefully targeted to CPSIA may be required? 

Ms. TENENBAUM. I said it is premature for me to answer that. 

Mr. DINGELL. I said may, I didn’t say will be. 

Ms. TENENBAUM. May be required, may. 

Mr. DINGELL. OK, now, if they are required will you first tell the 

committee whether they are required or not and second of all, will 

you work with us if such are required? 

Ms. TENENBAUM. Absolutely, 100 percent. 

Mr. DINGELL. OK, now, when will you know whether these 

amendments, carefully targeted will be required? 

Ms. TENENBAUM. Well, there is one rule that we are working on 

and once it—it is called the—it contains the component part testing 

rule that many of these issues dealing with handcrafters and other 

products will be—will find out that under the component part they 

will not have to test. For example, a shirt that falls under deterVerDate Mar 15 2010 05:05 Aug 15, 2012 Jkt 074096 PO 00000 Frm 00038 Fmt 6633 Sfmt 6633 E:\HR\OC\A096.XXX A096

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minations rule, it is cotton so you don’t have to test a cotton shirt 

but the buttons, if you have the button manufacturer certify to you 

that the button does not contain lead then the whole product would 

not have to be tested and we feel like that is going to untangle a 

lot of knots. 

Mr. DINGELL. All right, let me try to just—do you have problems 

in involving a rule with regard to bicycles, off-road vehicles and 

things of that kind, right? 

Ms. TENENBAUM. Well, I met recently. 

Mr. DINGELL. Just yes or no. 

Ms. TENENBAUM. We are—if you will let me explain on the ATVs, 

we met with the industry. 

Mr. DINGELL. My time is about gone and the Chairman is kindly 

permitting me. 

Ms. TENENBAUM. There are issues that we are working with administratively with both industries. 

Mr. DINGELL. Say it again. 

Ms. TENENBAUM. It has a stay right now on both the bikes and 

the ATVs and we are working with them on how they can make 

the lead inaccessible in the parts that the rider comes in contact 

with, like the handlebars. You know, I looked at my bicycle. It has 

rubber around it so I don’t come in contact with that. 

Mr. DINGELL. So you have a problem that you can’t solve very 

quickly, can you? 

Ms. TENENBAUM. Yes, we can once we determine that they can 

make those parts inaccessible. 

Mr. DINGELL. Now, you have got a fine problem on motorcycles? 

Ms. TENENBAUM. Motorcycles has the issue of lead in the handlebars. There might be lead in the vinyl seats but the motorcycle 

might not be a children’s product. 

Mr. DINGELL. OK and you have got a similar problem on all terrain vehicles and snowmobiles and such? 

Ms. TENENBAUM. There are issues there in implementation and 

we are working with the industry and met with them last week. 

Mr. DINGELL. And you have got a problem with regard to lead 

in publications, periodicals, books, children and adult books, is that 

right? 

Ms. TENENBAUM. Well, no we don’t. 

Mr. DINGELL. No you don’t? 

Ms. TENENBAUM. This is a book. 

Mr. DINGELL. Why is it that the book publishers are calling and 

telling me so? 

Ms. TENENBAUM. Because, you know, it would be nice if we could 

and I want to—offering to meet publicly with affected industries 

which we are doing, holding public hearings which I want to do. 

We are resolving many of these issues. The ordinary book like this 

book will contain no lead. It is pictures. It is printed with a fourcolor process. This book complies and the reason we have it covered 

is because—— 

Mr. DINGELL. But you have books out there that do not comply, 

is that right? 

Ms. TENENBAUM. The only books that don’t comply are books 

that are published prior to 1985 which we don’t consider children’s 

books. These are vintage books that will be considered adult vinVerDate Mar 15 2010 05:05 Aug 15, 2012 Jkt 074096 PO 00000 Frm 00039 Fmt 6633 Sfmt 6633 E:\HR\OC\A096.XXX A096

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tage books even if they are for children and those books the only 

ones that don’t comply are those that have illustrations using color. 

Mr. DINGELL. Madam Chairman, I see that my time has been exceeded. 

Ms. TENENBAUM. Now, the other thing about the books. 

Mr. DINGELL. What I want you to understand is that this committee wants to see to it that you have a statute that you can properly administer without a lot of toe-dancing and improper pressure 

placed upon you to resolve questions in a way which are inconsistent with the statute. 

Mr. Chairman, I will ask unanimous consent that I be permitted 

to submit a further letter and information to the record and responses by the Chairman to get to the bottom of these questions 

that I am trying to answer. 

Mr. RUSH. Hearing no objection, so ordered and the Chair wants 

the Chairman Emeritus to know that you are in the thereabout 

area of 5 minutes. 

Mr. DINGELL. You have been excessively kind and courteous. I 

give you my respect and thanks. 

Mr. RUSH. Well, the Chair has a deep-seeded love for the Chairman Emeritus. 

The Chair now recognizes the gentleman from Louisiana, Mr. 

Scalise, for 2 minutes. 

Mr. SCALISE. Thank you, Mr. Chairman. 

Madam Chair, on the question of Chinese drywall, looking 

through your opening statements there are a few questions, one 

that you had cited that your office has 1,192 incident reports on 

this issue. Do you know how many of those are from Louisiana? 

Ms. TENENBAUM. Well, most of the drywall problems are from 

Florida, Louisiana and Virginia and so a great number of those are 

from Louisiana, and we realize that this is a serious problem for 

your constituents. 

Mr. SCALISE. And of course with all of the rebuilding that occurred after Hurricanes Katrina and Rita, our offices all throughout our delegation continue to receive more complaints and serious 

problems and I know some of my other colleagues from other 

States have expressed similar things they are experiencing in their 

State but just, I guess, because of the high number of homes that 

have been rebuilt and obviously some of this toxic Chinese drywall 

was used in many of these homes, we continue to receive higher 

numbers. Have you talked to our State’s Department of Health and 

Hospitals to see if—I don’t know if maybe some people might have 

reported incidents to them that didn’t find their way to your office 

to make sure that the numbers and the incidents that have been 

reported are accurately being delivered over to your office in the 

cases where the State knows about an incident in our State? 

Ms. TENENBAUM. We are working with our State partners, with 

your State health departments and we are also working with our 

Federal partners, the CDC, HUD, EPA and the White House Domestic Policy Council to get as much information as possible. 

Mr. SCALISE. OK, I understand your task force on this issue is 

going to be issuing a report it says sometime in the fall. Do you 

know roughly when that report will be issued? 


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Ms. TENENBAUM. We are trying to issue this in late October and 

the report will have the EPA pilot study of six homes, the indoor 

test study, the EPA’s elemental analysis of drywall which breaks 

down all the account compounds in the drywall. We also have been 

working on a phase two chamber test with the Lawrence Berkeley 

National Laboratory and a 50-home indoor air quality test program 

that is conducted by a private company, the Environmental Health 

and Engineering Company. 

Mr. SCALISE. Is that report going to look into how this tainted 

drywall actually came into our country? What steps were maybe— 

what things were missed that allowed it to come in? 

Ms. TENENBAUM. Well, we sent a team over to China and our 

team from the CPSC visited six mines and received samples to 

come back and we are using them in the testing. We are tracking 

distribution of drywall in the United States and what we have done 

is written letters to numerous importers, builders, companies that 

sell drywall. One of the issues that I have found is that the drywall 

standards only address the structural integrity and did not address 

what goes in the content. 

Mr. SCALISE. The toxic levels, potentially. 

Ms. TENENBAUM. So that is one of the things that I want to do 

is to create a standard for drywall so we would have a universal 

standard of products that can go into drywall. 

Mr. SCALISE. And I would look forward to working with you on 

that. And final question, you had mentioned in your testimony that 

over 500 consumers were asked by your office to update their information on their incident reports. What types of things did they, you 

know, was it maybe that they didn’t fill out all the things you 

wanted or there was additional information you wanted? What 

types of things did those? 

Ms. TENENBAUM. Do you mean on the drywall? 

Mr. SCALISE. Yes. 

Ms. TENENBAUM. Well, they have just had new information about 

how it is affecting them physically. There are two tracks in this. 

One is to look at is this drywall—are these problems of drywall 

causing these health problems, these respiratory problems? And 

then is the drywall corroding electrical wires and so we are looking 

at that and they probably—I can get you a summary of what the 

complaints were or what the information is. 

Mr. SCALISE. Sure, I appreciate that. 

And thank you, Mr. Chairman, for your latitude. 

Mr. RUSH. The Chair would like to announce that there are votes 

occurring on the floor and I am not sure exactly how much time 

is left but it is the Chairman’s intention to go vote and allow members to go and vote and then to return for the continuance of this 

hearing. So we will be coming back but the Chair wants to recognize the gentlelady from Florida for her 2 minutes prior to us going 

to vote. 

Ms. CASTOR. Thank you, Mr. Chairman. 

I will stick on Chinese drywall and I appreciate the seriousness 

with which the Consumer Product Safety Commission has undertaken the investigation and as you know, importation of Chinese 

drywall spiked dramatically a few years ago. In 2005, we imported 

$3.6 billion worth. In 2006, that spiked to over $32 billion worth 


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before dropping back down to $6 billion. When that kind of massive 

spike occurs in trade for product that could potentially cause problems, does that raise a red flag for the CPSC that maybe we should 

take a closer look? And during your investigation have you considered an interim ban on Chinese drywall? And finally, there have 

been a number of proposals in the Congress and I would ask you 

to please review those and get back to us on what you recommend. 

Will you wait for the results of the investigation and tell me again 

what the timeframe is for that? 

Ms. TENENBAUM. OK, thank you for those questions and we understand from Florida that you are getting many constituent letters 

and that you are very concerned about the quality of life for the 

people who live in your district and we are too. We want you to 

know that. 

There are 6.9 million piece of drywall imported from China in 

2006, there were—so 6.9 million pieces coming from all over the 

country. We have not been—from different sources with different 

manufacturers and which poses a different issue for the CPSC. It 

is not like you find one product that doesn’t comply and can ban 

all products. There were some pieces of drywall from China that 

did comply and didn’t have this problem and other pieces did. The 

report that we will give you in late October will be studies of inhome, the chamber test as well as we take the drywall out of the 

home and take it to a chamber so we can test the emissions from 

that drywall. There will be in-air quality tests, in-home air quality 

tests and there will be elemental tests where the EPA is breaking 

down the elements to tell us what is in there that is causing the 

corrosion and the respiratory problems. So we hope that this yields 

more information on the drywall. Practically speaking about a ban 

on drywall is very—the market has taken care of that because very 

few people want Chinese drywall and therefore we see very little 

coming into the country at this point. And so that is where but the 

overwhelming amount of drywall had been coming from China and 

now we get notification from the ports if drywall is sent to the port 

but very little is coming in at this time. We have met with our 

counterpart, the Chinese counterpart, AQSIQ. China has sent experts in to visit homes. They sent two of their drywall experts to 

look at—to go into these homes that were contaminated. As I said, 

we sent a team to China. Senator Bill Nelson from Florida went 

and met with the AQSIQ several weeks ago. He told them that 

President Obama was going to, he hoped, mention that when he 

met with President Hu in China. And so it is—we are really putting a great deal of our resources and attention on this, probably 

more than any other issue we are working on at this time is focusing on drywall so that we can find an answer to it, and so after 

we find an answer to on into rulemaking so that we can not have 

this situation happen again. 

Mr. RUSH. The committee stands in recess and there are approximately four votes on the floor which are the final votes for the 

week but we will reconvene 15 minutes after the last vote and the 

Chair really wants to thank Chairman Tenenbaum for her contribution to this. Thank you. 

Ms. TENENBAUM. Thank you. 

[Recess.] 


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Mr. RUSH. Committee will again come to order. I will once again 

repeat to you, Madam Chair, for your graciousness and for the time 

that you are spending with us this afternoon. I don’t see any other 

members here so I am going to recognize myself for one additional 

question and I think the ranking member has one additional question and then we will-if there are no other members we will just 

adjourn and go that way. 

Every year for many years we have seen numerous bills that 

have addressed specific product safety issues. These bills have continued to be introduced even after the passage of last year’s product safety reform. Just this year there are bills in Congress to permit sales to children to stop the sale of dangerous toy cigarette 

lighters and even to address additional national health threats, 

such as the beforehand reported upon Chinese drywall. The question is why are we seeing these bills? Why is the Commission not 

addressing these issues as they arise under its own authority and 

on its own initiative? And the second question is, do you agree that 

the consistent introduction of these bills is evidence that the Commission is not fully and properly carrying out its mission and how 

do you see us moving forward? Is the introduction of these bills, are 

they any kind of indication of a need or specific focus of the Commission or are they just members introducing bills? 

Ms. TENENBAUM. Thank you, Mr. Chairman, and what you are 

asking me is how can the CPSC be proactive in spotting hazards 

so that Congress does not have to introduce bills, and do we have 

the administrative and regulatory structure where we can handle 

them without legislation. I appreciate this question because it is a 

good one. 

First of all, as I have looked back in the history of the CPSC the 

leadership makes a tremendous difference because, you know, this 

Commission relies on voluntary standards, and it is a question of 

when you see a voluntary standard not working to protect the 

health and safety of individuals whether you move right in and go 

ahead and promulgate a mandatory rule. One of the things that I 

have observed as the Chairman for less than 3 months is that we 

need to review our existing emerging hazards and early warning 

identification system and we really need to bolster this system with 

technology and resources, and our new technology database will 

give us more information then ever before so that we can spot 

these issues earlier. We need to initiate more investigations and increase our investigations and be much more proactive about them. 

There are also scientific research organizations where if we had 

the resources, we could engage them or even they could use private 

resources to do analysis and testing if we asked them to. We have 

a deference toward voluntary standards. In fact, the law was 

passed in 1981 requiring deference to voluntary standards unless 

they are proved ineffective in addressing the hazards. I have already noticed in my short tenure that there is one particular product that I have seen that there are no standards for yet we have 

already determined 60 people have been killed by this product and 

we are going ahead and announced proposed rulemaking, ANPR, so 

that we will begin working on a standard and not just wait until 

the industry comes up with a voluntary standard. 


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So all of these are ways that the CSPC will be more proactive 

and we also want to harness the new media opportunities that we 

have. Our new brand is CPSC 2.0 with the blog, the Facebook, the 

YouTube, Twitter, Recall Widget so consumers have up-to-date information. It is really going to be interesting with the new—we 

have the tracking labels which we went back to the statute and 

wrote a tracking label guidance but industry is looking at a futuristic tracking label so you could look at this bar code that would be 

universal throughout the world and pull it up on say your Blackberry or iPhone and find out everything about this product right 

there in the store or, you know, when you by looking at the bar 

code, and so very few people are using it. It is very futuristic but 

that is the kind of technology that will enable us to be more 

proactive. 

Mr. RUSH. The Chair recognizes the ranking member, Mr. 

Radanovich. 

Mr. RADANOVICH. Thank you, Mr. Chairman. I appreciate that. 

Madam Chair, I want to know what the purpose of a testing and 

certification stay of enforcement is and what happens when the 

stay expires in February? Do you think that the Commission will 

be ready to implement the laws as written? 

Ms. TENENBAUM. Thank you, Ranking Member Radanovich. 

First of all, we call that the 15-month rule and that we were required by statute to have that month which will be what is reasonable testing and it will have the component part testing in that 

rule, and it is due to be promulgated in November, and so under 

the statute we will be working trying to get that out because I 

guess what I wanted to say here this morning and what we have 

prepared to try to leave in your minds is that we are working hard 

to implement the CPSIA. We are finding out that with every rule 

that we put out like the lead determinations which probably would 

have exempted the blouse that you showed us from any testing, the 

component testing which will exempt so many products from the 

manufacturing having to retest again on items, all of these are 

helping us resolve a lot of these questions and untie a lot of these 

knots. And so we will be having that rule shortly and I think that 

it will help tremendously with a lot of the complaints that you are 

receiving from industry. 

Mr. RADANOVICH. Do you think that you will be able to implement and enforce the law as written by then in February? 

Ms. TENENBAUM. Well, we think that after the stay of enforcement expires, we will have all the rules in place and the stay was 

necessary the leadership at the Commission felt at that time because there was so much rulemaking to do. We had not even approved all the third-party laboratories. The law says that manufacturers and private labelers have to have their children’s products 

tested by a third-party laboratory. 

Mr. RADANOVICH. Right, right. 

Ms. TENENBAUM. And we had to approve all these laboratories 

and so to date we have approved 190 laboratories in 27 countries. 

So now industry has a place to go to get their products tested. So 

we think that when the stay expires, that we will have these rules 

in place and that we will be able to untie a lot of these problems 


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that industry has. That is why I said it was premature today then 

for me to—— 

Mr. RADANOVICH. Forgive me though, I am sorry. I just don’t 

have enough time here. 

Ms. TENENBAUM. I know. I am taking your time. 

Mr. RADANOVICH. But do you think that—will you be able to 

grant exemptions under CPSIA during—after that stay or do you 

think that you will have to post another stay? 

Ms. TENENBAUM. We are hoping that we won’t have to post another stay. 

Mr. RADANOVICH. If you do, won’t that be evidence of the need 

for statutory change in CPSIA in order for you to get all this done 

and be able to grant exemptions? 

Ms. TENENBAUM. Well, we believe that if we in good faith implement all the regulations that CPSIA requires that most of these 

issues can be resolved administratively. 

Mr. RADANOVICH. All right. 

Thank you, Mr. Chairman. 

Ms. TENENBAUM. Either through the product not containing lead 

or not being a product that will ever contain lead like cotton or 

paper or certain kinds of ink used in printing. 

Mr. RADANOVICH. Thank you, Mr. Chairman. 

Mr. RUSH. Madam Chairman, we certainly appreciate your time. 

We have been joined by Mr. Sarbanes from Maryland and the 

Chair now recognizes Mr. Sarbanes for 2 minutes for questioning. 

Mr. SARBANES. Thank you very much, Mr. Chairman. I appreciate the opportunity. Thanks for holding this hearing. I want to 

welcome you, Ms. Tenenbaum, to your new role and I am very, 

very close friends with a fellow named Brad Parham from South 

Carolina who I think you know and I look forward to getting to 

know you in your new position. 

I just wanted to pass along a concern. I have a number of bulk 

vendors and there is a number of bulk vendors in Maryland and 

you are, I think, aware of this provision under CPSIA Section 

103(a) regarding the tracking of products and I guess they have expressed concern about that being impractical with respect to some 

of these smaller items that come packaged in bulk and then are 

distributed across the country to vending machines and so forth. 

And to the Commission’s credit and to your credit and evidence of 

you moving quickly in the job to try to address these areas of concern, on July 20 there was a statement of policy issued by your office that for certain category of products, 103, by your interpretation would not apply, and they have just expressed some concern. 

I wanted to relay and get your comment on about the fact that that 

doesn’t necessarily prevent action at the State level by State Attorneys General acting with respect to the statute, nor does it necessarily mean that future Commissions couldn’t reverse its position 

on that, and I just wanted to get your perspective on how this 

statement of policy you see working going forward. 

Ms. TENENBAUM. Well, this is a good example of us using commonsense to enforce the law is our definition of tracking labels. 

The law requires manufacturers of children’s products to have a 

tracking label to the extent practical on each product and the packaging. And so we looked at—we told the industry it is not one sizeVerDate Mar 15 2010 05:05 Aug 15, 2012 Jkt 074096 PO 00000 Frm 00045 Fmt 6633 Sfmt 6633 E:\HR\OC\A096.XXX A096

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fits-all, that you must be able to ascertain and by ascertain we 

have to look at your product to see can we find the name, location 

and date of production, and can we find who manufactured it and 

track it down if it needed to be recalled. Regarding—so we got a 

great deal of praise from a number of industries because we used 

a commonsense approach to the tracking label. Regarding the Attorneys General, we have regular telephone conferences with them. 

I will be speaking to the Attorneys General. We want to enrich our 

relationships with them because we see the fact that this is such 

a small agency that we don’t have the resources to enforce all of 

the consumer product safety laws without the assistance of our 

State partners, our local Consumer Product Safety Commissions, 

the Attorneys General and our local health departments. So we 

don’t—have not found any cases where the Attorneys General have 

gotten out in front of enforcement ahead of the CPSC and we are 

encouraging them to let us get our rulemaking finished and work 

through a lot of these issues administratively so we don’t encourage 

them to bring enforcement injunctions because under the law that 

is what the Attorneys General can do. They can see injunctive relief. 

Mr. SARBANES. So I assume that your ongoing conversation collaboration with them is to sort of cultivate this commonsense approach at all levels? 

Ms. TENENBAUM. We are working with them and we certainly 

want everyone to have a commonsense approach. We hope no one 

gets out in front of us before we get all the rules in place which 

we hope will give relief to so many of these industries you are hearing from now. That is our goal to protect the safety of children, to 

keep intact the integrity of the statute and to work out the best 

way we can these issues that you are hearing from industry. 

Mr. SARBANES. Thank you. 

Mr. RUSH. The Chair now recognizes Mr. Stupak for 2 minutes 

for the purposes of questioning the Chairman. 

Mr. STUPAK. Thank you, Mr. Chairman, and I was down in another hearing in telecommunications so that is why I was not here 

but I am very interested. 

Congratulations on your appointment. I look forward to working 

with you especially in my role as Chairman of Oversight and Investigations. 

Let me ask you about the Consumer Product Safety Improvement Act of 2008, and in my Northern Michigan district, ATVs and 

motorcycles are a way of life for many of us and it is very important to our outdoor tourism and our economy. In the Consumer 

Product Safety Improvement Act of 2008, purposefully included a 

provision to regulate youth ATVs and motorcycles, however it was 

an unintended consequence of the CPSIA that the equipment is 

also subject to provisions regulating the amount of lead contained 

in motorcycle and ATV parts. On April 3, 2009, the CPSC voted to 

delay enforcement of a lead-ban on youth ATV and motorcycles for 

one year. It was not the intent of Congress to regulate lead content 

in youth ATV or motorcycles. 

So my question would be does the Commission have reports of 

injury or death caused by lead poisonings, I mean by the use of 

youth ATVs or motorcycles? 


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Ms. TENENBAUM. We have over 900 deaths per year from ATVs 

so the industry has told me. 

Mr. STUPAK. Correct, but I mean from lead. 

Ms. TENENBAUM. No. 

Mr. STUPAK. Nothing from lead. 

Ms. TENENBAUM. I don’t have any data on that. 

Mr. STUPAK. OK, is the Commission testing the youth ATV or 

motorcycles to determine possible exposure to lead? 

Ms. TENENBAUM. We have just met with the ATV industry. The 

leaders of the industry came over and met with me last week and 

what they have reported to us is that they could make any lead 

that would be exposed to a rider inaccessible. They feel like they 

could make the handlebars inaccessible from lead by putting covers 

on them. 

Mr. STUPAK. Sure. 

Ms. TENENBAUM. And handbrakes and also the seat would not 

contain lead so they have—the stay helped them come up with this 

and so that would—they are getting back with us to show us how 

they can do that, and then the other parts of the ATV might be 

considered inaccessible depending on what technology they can provide to make the tire stem, the brass in it inaccessible, the battery 

cables inaccessible. 

Mr. STUPAK. Well, I understand all this inaccessible. 

Ms. TENENBAUM. So based on inaccessibility, that really would 

solve the issue, we think. We are working with them to clear that 

up so that they won’t have to. 

Mr. STUPAK. Well, I am glad you are working with them but if 

we have no death or injuries from lead exposure, why do we have 

to go through all these gyrations? Isn’t it your responsibility to 

make sure that the law is properly implemented especially since 

the intent of Congress was not to ban these vehicles? 

Ms. TENENBAUM. We have had plenty of cases of deaths to children from lead exposure and hand-to-mouth. 

Mr. STUPAK. But from ATVs and motorcycles? 

Ms. TENENBAUM. Well, a child could ingest lead and that is what 

the statute requires is any lead can’t be. 

Mr. STUPAK. Right, yes, I agree but with any law there is a practical application, correct? 

Ms. TENENBAUM. No question about it and that is why the industry is coming back to us with practical solutions and we think this 

will take care of any problem they have and they won’t have to be 

regulated. 

Mr. STUPAK. All right, let me ask you about this one. This is a 

recent GAO report, August, 2009, concluded that the CPSC’s presence at U.S. ports is limited and in order to identify potentially unsafe products like drugs, inferior steel from China, you must work 

closely with U.S. Customs and Border Patrol Protection. The report 

also found that CPSC’s activities at U.S. ports could be strengthened by better targeting incoming shipments for inspection and by 

improving CPSC coordination with the Customs and Border Patrol. 

As the Chairman of Oversight and Investigations I have spent a lot 

of years on this especially drugs coming in from other countries, 

not properly marked, handled properly and we know that FDA’s efforts are lacking and place American lives at risk but this GAO reVerDate Mar 15 2010 05:05 Aug 15, 2012 Jkt 074096 PO 00000 Frm 00047 Fmt 6633 Sfmt 6633 E:\HR\OC\A096.XXX A096

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port concluded that the FDA has more staff, has more surveillance 

technology, has more data on incoming shipments in our ports then 

CPSC who also has the responsibility so that was not a good news 

report by the GAO. So are you developing any plan to coordinate 

your port surveillance with other agencies to improve CPSC surveillance at our ports? 

Ms. TENENBAUM. We are and I reviewed the report and agree 

with those findings and will be getting back with Congress in October with our formal response to the report but starting October 1 

as a result of that report, CPSC will have access to the Customs 

Import Safety Center which is called Commercial Targeting and 

Analysis Center. We will be able to place one full-time employee at 

that Center to get information that we need in surveying the imports coming into the country. 

Mr. STUPAK. OK, currently Custom and Border Patrol doesn’t 

have any authority to deny shipments at a port whether it is steel 

or whether it is drugs. That is, if a substandard shipment comes 

into the United States they may flag it but they can’t block its entrance into the United States. What does CPSC intend to do when 

it finds a substandard or hazardous product at a port—right now 

we just stack them up in warehouses. Do you have any other ideas? 

Ms. TENENBAUM. We destroy them. We destroy the product. We 

have the authority to destroy it and Customs has the authority to 

flag it. They stopped several products from coming in recently so 

here is what if you look at our—we have nine people in 300 ports 

and we also have field staff, 100 field staff but we have nine people 

at the ports. We—this is a bigger area then just what the GAO reports because the FDA—you are required to send a manifest to the 

FDA 30 days ahead of time. 

Mr. STUPAK. Correct. 

Ms. TENENBAUM. We are only required to receive the third-party 

testing results 24 hours ahead of time under the CPSIA but this 

would be something that we need to have information earlier. We 

need through this manifest, this Commercial Targeting Analysis 

System, those are the manifests and we with the proper technology 

which we are submitting to Congress in our new technology plan 

can look and mine this data so we will know what is coming into 

the port and then if we find products that don’t conform under the 

statute, the manufacturer or importer is required to take those 

products and remove them from the United States. If they don’t 

have the funds and they have to post a bond, if they don’t have the 

funds, we can destroy them. A lot of times we don’t have the 

amount of funds it requires to destroy them and we might need to 

start increasing the bond to cover the cost of destroying the product 

but that is what we do with them. 

Mr. STUPAK. OK, so this is new authority underneath the 2008 

law then? 

Ms. TENENBAUM. No, we have always had the authority to stop— 

well, no, this is new authority because the third-party laboratories 

certificate is new under the CPSIA. 

Mr. STUPAK. Thank you, Mr. Chairman. 

Mr. RUSH. This concludes the questioning of the witness and the 

Chair wants to recognize Mr. Radanovich who has a unanimous 

consent request. 


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Mr. RADANOVICH. Thank you, Mr. Chairman. I do have another 

unanimous consent request from one other member however I 

would just like to make it a blanket unanimous consent request 

that if other members wish to submit statements they be allowed 

to do so. 

Mr. RUSH. All right, well, for the record, the record will remain 

open for two weeks and members may submit questions to the witness or any other documentation that they want to submit to the 

record. They have two weeks from today’s date in order to submit 

those questions. The record will remain open for two weeks. 

Ms. TENENBAUM. Thank you. 

Mr. RUSH. Thank you so much, Madam Chairman, and we look 

forward to working closely with you as we move forward protecting 

America’s children and families. I want to thank you so very much 

for your participation. 

Ms. TENENBAUM. Thank you. I appreciate the opportunity to 

meet with all of you and I hope to in the next few weeks meet with 

many of you individually for your personal questions. 

Mr. RUSH. Thank you. Thank you so very much. 

The committee is now adjourned. 

[Whereupon, at 1:00 p.m., the subcommittee was adjourned.] 

[Material submitted for inclusion in the record follows:] 


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jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 175 here 74096A.136
170 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 176 here 74096A.137
171 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 177 here 74096A.138
172 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 178 here 74096A.139
173 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 179 here 74096A.140
174 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 180 here 74096A.141
175 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 181 here 74096A.142
176 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 182 here 74096A.143
177 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 183 here 74096A.144
178 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 184 here 74096A.145
179 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 185 here 74096A.146
180 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 186 here 74096A.147
181 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 187 here 74096A.148
182 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 188 here 74096A.149
183 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 189 here 74096A.150
184 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 190 here 74096A.151
185 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 191 here 74096A.152
186 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 192 here 74096A.153
187 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 193 here 74096A.154
188 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 194 here 74096A.155
189 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 195 here 74096A.156
190 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 196 here 74096A.157
191 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 197 here 74096A.158
192 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 198 here 74096A.159
193 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 199 here 74096A.160
194 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 200 here 74096A.161
195 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 201 here 74096A.162
196 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 202 here 74096A.163
197 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 203 here 74096A.164
198 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 204 here 74096A.165
199 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 205 here 74096A.166
200 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 206 here 74096A.167
201 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 207 here 74096A.168
202 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 208 here 74096A.169
203 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 209 here 74096A.170
204 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 210 here 74096A.171
205 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 211 here 74096A.172
206 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 212 here 74096A.173
207 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 213 here 74096A.174
208 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 214 here 74096A.175
209 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 215 here 74096A.176
210 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 216 here 74096A.177
211 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 217 here 74096A.178
212 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 218 here 74096A.179
213 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 219 here 74096A.180
214 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 220 here 74096A.181
215 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 221 here 74096A.182
216 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 222 here 74096A.183
217 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 223 here 74096A.184
218 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 224 here 74096A.185
219 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 225 here 74096A.186
220 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 226 here 74096A.187
221 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 227 here 74096A.188
222 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 228 here 74096A.189
223 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 229 here 74096A.190
224 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 230 here 74096A.191
225 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 231 here 74096A.192
226 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 232 here 74096A.193
227 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 233 here 74096A.194
228 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 234 here 74096A.195
229 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 235 here 74096A.196
230 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 236 here 74096A.197
231 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 237 here 74096A.198
232 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 238 here 74096A.199
233 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 239 here 74096A.200
234 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 240 here 74096A.201
235 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 241 here 74096A.202
236 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 242 here 74096A.203
237 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 243 here 74096A.204
238 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 244 here 74096A.205
239 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 245 here 74096A.206
240 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 246 here 74096A.207
241 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 247 here 74096A.208
242 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 248 here 74096A.209
243 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 249 here 74096A.210
244 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 250 here 74096A.211
245 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 251 here 74096A.212
246 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 252 here 74096A.213
247 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 253 here 74096A.214
248 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 254 here 74096A.215
249 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 255 here 74096A.216
250 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 256 here 74096A.217
251 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 257 here 74096A.218
252 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 258 here 74096A.219
253 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 259 here 74096A.220
254 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 260 here 74096A.221
255 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 261 here 74096A.222
256 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 262 here 74096A.223
257 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 263 here 74096A.224
258 


jbell on DSK7SPTVN1PROD with HEARINGInsert offset folio 264 here 74096A.225