mr. adler, we welcome you and look forward to your statement. >> thank you very much and good morning, chairman stearns ranking member degette, and the members of the senate committee on oversight and investigations for the opportunity to testify along with my colleague miss northup on the consumer safety commission. my name is bob adler and i've been a commissioner of the agency since august of 2009. i'm honored to sit in the company of so many of my fellow independent agency commissioners, and i bring you regret from chairman tannin, who is not able to be here today. in order for me to respond to the subcommittee request for the agency's response to the executive order 13563 and similar executive orders, i briefly need to review a few critical points about making it to the ctc. i do so to make the point we've undertaken the promulgation of regulations and the retrospective revue in the full spirit of the policies incorporated in the executive orders despite our being exempt from the orders. s

mr. adler, if you answer yes, as you did, why hasn't there been a notice so that commissioner northrop would know about it if you answered yes? >> well, first of all, with respect to submitting a formal plan to cass sunstein a. hero of mine as a former academic, in order to preserve independence -- >> you said you have issued a public notice or -- >> what i said was we had begun a retrospective review beginning -- >> but you haven't issued a public -- >> that was temporarily suspended in 2007. and as soon as chairman tannenbaum gets back i will anticipate we will resume that. >> you believe the cpse should conduct a review? >> oh, yes, sir. >> c.p.s. used to conduct regulatory reviews but has stopped in recent years. is that a fair statement? >> they stopped in 2007 under then acting chairman nord and i believe it was because of passage of the consumer product safety improvement act. and that -- competition for resources within a very tiny agency. >> ok. commissioner mcdowell, do you believe th

mr. adler, we welcome you and look forward to your statement. >> thank you very much. good morning, chairman stearns, ranking members, and guests. thank you for the opportunity to testify along with my colleague on behalf of the consumer product safety commission. i had been a commissioner at the agency since august 2009. i am honor to sit in the company of so many of my fellow independent agency commissioners, and i bring you regret from chairman tannenbaum who was not able to be here today. in order for me to respond to the subcommittee was a request -- the subcommittee's request, i've briefly need to review a few critical points about will making. i do so to make the point that we have undertaken both the promulgation of the and the retrospective review this by our being exempt from the orders. so i would like to make a few observations, and i promise i will be brief. first, since 1981, the cpsc has been required under amendments to the consumer product safety act and other forces to conduct an exhaustive cost-benefit analysis when we write safety rules. under these

of providing us documentation on what we should do and i will start with my last, commissioner adler. >> mran, the devil is always in the details to reply would be delighted to look at anything you drafted and respond to it. >> so you think we should take the regulatory flexibility act of 1980 indicated in congress? >> ackley i'm probably a bigger fan of the regulatory flexibility act than some folks here. i think it's a fairly useful tool, especially in terms of what we do when we are trying to regulate and we are looking in particular the impact on small business. that is actually something that both commissioner northup and i agree on is the we do have to worry about the impact on small businesses. >> commissioner northup? >> yes, but i unfortunately have had [inaudible] we had no matter what the regulatory analysis is, if you decide in every agency that you should go ahead and regulate, it's almost it has no impact in what we do. so unless we are required to justify the cost with the benefits, adding that to it i think that would be an important improvement, but other than that, it's a