"We need someone who will make sure that the products that we bring into our homes are safe for us and our children," said Nelson. "With this nominee's extensive record of opposing consumer protections, I have no confidence in his ability to safeguard the public from dangerous products."

This letter follows one Durbin sent to the Acting Commissioner of CPSC, Nancy Nord, following the recall of over 8 million units of a popular magnetic toy, after one death and dozens of serious injuries of children. The case was profiled in a recent series of articles in the Chicago Tribune.

Last week, Nelson, in a letter sent to Senate Majority Leader Harry Reid (D-NV), divulged his intent to block Mr. Baroody's nomination from reaching the Senate floor. Specifically, Nelson has placed a "hold" on Baroody, which is a formal notice given by a senator who doesn't want a particular person's nomination to reach the Senate floor for consideration. It's widely viewed as an effective blocking mechanism, because it takes the votes of at least 60 of the 100 senators to overcome it.

Text of the letter appears below

May 17, 2007

Honorable George W. Bush
President
The White House
1600 Pennsylvania Ave, NW
Washington, DC 20500

Dear Mr. President:

We are writing to express our concerns about the nomination of Mr. Michael Baroody to serve as Commissioner of the Consumer Product Safety Commission (CPSC). Mr. Baroody is an inappropriate choice to lead the independent government agency tasked with protecting consumers from unsafe products. During his professional career, Mr. Baroody has supported numerous positions that would shield companies from liability and favor corporate interests over consumer protection. His actions suggest that he will be unable to independently protect the public interest against the risks posed by hazards associated with dangerous products.

Mr. Baroody's nomination fails to meet the criteria set forth in the CPSC's governing statute, the Consumer Product Safety Act (CPSA). The CPSA provides specific direction to the President on the qualifications a nominee for the position of Chairman or Commissioner of CPSC must possess. Specifically, Section 4(a) of the CPSA states:

In making such appointments, the President shall consider individuals who, by reason of their background and expertise in areas related to consumer products and protection of the public from risks to safety, are qualified to serve as members of the Commission.

There is no evidence in Mr. Baroody's professional background to indicate that he meets these criteria. To the contrary, Mr. Baroody has worked against the "protection of the public from risks to safety" in his work for the National Association of Manufacturers (NAM). For example:

R. David Pittle, who was appointed the first Chairman of the CPSC by Richard Nixon in 1973, wrote in a letter to the committee that, "When I hold Mr. Baroody's background and skills up to this test, they fail. There is a woeful lack of experience in product safety or consumer protection. Quite the contrary, Mr. Baroody has earned his spurs over many years by protecting manufacturers from government regulatory efforts—often to the detriment of consumers. Mr. Baroody may well be a good candidate for a position at another agency, but as a candidate for Chairman of the CPSC, he is not qualified."

In addition, it has recently come to our attention that Mr. Baroody will receive a $150,000 severance payment upon his departure from NAM. While it is rare that someone would receive such a payment upon a voluntary departure, what is even more significant is that this sum represents an "extraordinary payment" under applicable ethics rules, and will require Mr. Baroody to recuse himself from any CPSC matter involving NAM business. However, almost all business before the Commission involves a NAM member - either an individual manufacturer or a manufacturer trade association - and Mr. Baroody has argued that he does not need to remove himself from NAM member business. Both his work on behalf of NAM and its members for well over a decade and this large cash payout indicate that he cannot escape a serious conflict of interest in this position.

A vacancy at the Consumer Product Safety Commission is an opportunity to provide new leadership for an agency that serves a critical child safety and public health mission. The role of the Chairman is critical for directing the agenda, operations, and priorities of the agency, including all of the executive and administrative functions of the Commission, such as the hiring and supervision of staff, and the expenditure of agency resources. This vacancy provides an opportunity for the Administration to clarify its support for the mission of the CPSC — and to protect the public from unreasonable risks of injury from consumer products. Mr. Baroody's background clearly illustrates that he cannot provide this leadership.

We therefore urge you to reconsider your nomination of Mr. Baroody to the position of Chairman of the Consumer Product Safety Commission, and to withdraw the nomination.

Thank you for your consideration of our request.

Respectfully,

Richard J. Durbin
United States Senator

Bill Nelson
United States Senator