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Consumer Product Safety Act
15 U.S.C. Section 2079
§ 2079. Transfers of functions
(a) Hazardous substances and poisons
The functions of the Secretary of Health, Education, and Welfare
under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) and the Poison
Prevention Packaging Act of 1970 (15 U.S.C. 1471 et seq.) are transferred to the
Commission. The functions of the Secretary of Health, Education, and Welfare under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), to the extent such functions
relate to the administration and enforcement of the Poison Prevention Packaging Act of
1970, are transferred to the Commission.
(b) Flammable fabrics
The functions of the Secretary of Health, Education, and Welfare,
the Secretary of Commerce, and the Federal Trade Commission under the Flammable Fabrics
Act (15 U.S.C. 1191 et seq.) are transferred to the Commission. The functions of the
Federal Trade Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.), to
the extent such functions relate to the administration and enforcement of the Flammable
Fabrics Act, are transferred to the Commission.
(c) Household refrigerators
The functions of the Secretary of Commerce and the Federal Trade
Commission under the Act of August 2, 1956 (15 U.S.C. 1211 et seq.) are transferred to the
Commission.
(d) Regulation by Commission of consumer products in accordance with
other provisions of law
A risk of injury which is associated with a consumer product and
which could be eliminated or reduced to a sufficient extent by action under the Federal
Hazardous Substances Act (15 U.S.C. 1261 et seq.), the Poison Prevention Packaging Act of
1970 (15 U.S.C. 1471 et seq.), or the Flammable Fabrics Act (15 U.S.C. 1191 et seq.) may
be regulated under this chapter only if the Commission by rule finds that it is in the
public interest to regulate such risk of injury under this chapter. Such a rule shall
identify the risk of injury proposed to be regulated under this chapter and shall be
promulgated in accordance with section 553 of title 5; except that the
period to be provided by the Commission pursuant to subsection (c) of such section for the
submission of data, views, and arguments respecting the rule shall not exceed thirty days
from the date of publication pursuant to subsection (b) of such section of a notice
respecting the rule.
(e) Transfer of personnel, property, records, etc.; continued
application of orders, rules, etc.
(1)
(A) All personnel, property, records, obligations, and commitments,
which are used primarily with respect to any function transferred under the provisions of
subsections (a), (b) and (c) of this section shall be transferred to the Commission,
except those associated with fire and flammability research in the National Institute of
Standards and Technology. The transfer of personnel pursuant to this paragraph shall be
without reduction in classification or compensation for one year after such transfer,
except that the Chairman of the Commission shall have full authority to assign personnel
during such one-year period in order to efficiently carry out functions transferred to the
Commission under this section.
(B) Any commissioned officer of the Public Health Service who upon
the day before the effective date of this section, is serving as such officer primarily in
the performance of functions transferred by this chapter to the Commission, may, if such
officer so elects, acquire competitive status and be transferred to a competitive position
in the Commission subject to subparagraph (A) of this paragraph, under the terms
prescribed in paragraphs (3) through (8)(A) of section 15(b) of the Clean Air Amendments
of 1970.
(2) All orders, determinations, rules, regulations, permits,
contracts, certificates, licenses, and privileges (A) which have been issued, made,
granted, or allowed to become effective in the exercise of functions which are transferred
under this section by any department or agency, any functions of which are transferred by
this section, and (B) which are in effect at the time this section takes effect, shall
continue in effect according to their terms until modified, terminated, superseded, set
aside, or repealed by the Commission, by any court of competent jurisdiction, or by
operation of law.
(3) The provisions of this section shall not affect any proceedings
pending at the time this section takes effect before any department or agency, functions
of which are transferred by this section; except that such proceedings, to the extent that
they relate to functions so transferred, shall be continued before the Commission. Orders
shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall
be made pursuant to such orders, as if this section had not been enacted; and orders
issued in any such proceedings shall continue in effect until modified, terminated,
superseded, or repealed by the Commission, by a court of competent jurisdiction, or by
operation of law.
(4) The provisions of this section shall not affect suits commenced
prior to the date this section takes effect and in all such suits proceedings shall be
had, appeals taken, and judgments rendered, in the same manner and effect as if this
section had not been enacted; except that if before the date on which this section takes
effect, any department or agency (or officer thereof in his official capacity) is a party
to a suit involving functions transferred to the Commission, then such suit shall be
continued by the Commission. No cause of action, and no suit, action, or other proceeding,
by or against any department or agency (or officer thereof in his official capacity)
functions of which are transferred by this section, shall abate by reason of the enactment
of this section. Causes of actions, suits, actions, or other proceedings may be asserted
by or against the United States or the Commission as may be appropriate and, in any
litigation pending when this section takes effect, the court may at any time, on its own
motion or that of any party, enter an order which will give effect to the provisions of
this paragraph.
(f) "Function" defined
For purposes of this section, (1) the term "function"
includes power and duty, and (2) the transfer of a function, under any provision of law,
of an agency or the head of a department shall also be a transfer of all functions under
such law which are exercised by any office or officer of such agency, or department.
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