§ 2079. Transfers of functions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1972

   Consumer Product Safety Act

   Pub. L. 92–573 § 30 · 86 Stat. 1207

   Enacted · 15 U.S.C. § 2079

   Pub. L. 92–573, § 30, Oct. 27, 1972, 86 Stat. 1231

   Source evidence

   Code source credit
   Pub. L. 92–573, § 30, Oct. 27, 1972, 86 Stat. 1231

   Enacted provision · exact public law section
   Sec. 30. transfers of functions (a) 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 are 74 Stat. 372. 84 Stat. 1670. 15 USC 1471 note. transferred to the Commission. The functions of the Administrator of the Environmental Protection Agency and of the Secretary of Health, Education, and Welfare under the Acts amended by subsections (b) through (f) of section 7 of the Poison Prevention Packaging Act of 1970, to the extent such functions relate to the administration and 7 USC 135; 21 USC 343, 352, 362. enforcement of the Poison Prevention Packaging Act of 1970, are transferred to the Commission. (b) 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 67 Stat. 111; 81 Stat. 568. 15 USC 58. to the Commission. The functions of the Federal Trade Commission under the Federal Trade Commission Act, to the extent such functions relate to the administration and enforcement of the Flammable Fabrics Act, are transferred to the Commission. (c) The functions of the Secretary of Commerce and the Federal Trade Commission under the Act of August 2, 1956 (15 U.S.C. 1211) 70 Stat. 953. are transferred to the Commission. (d) A risk of injury which is associated with consumer products Risk of injury. and which could be eliminated or reduced to a sufficient extent by action taken under the Federal Hazardous Substances Act, the Poison Prevention Packaging Act of 1970, or the Flammable Fabrics Act may be regulated by the Commission only in accordance with the provisions of those Acts, (e) (1) (A) All personnel, property, records, obligations, and commitments, Personnel, property, etc., transfer. 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 Bureau of Standards. 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 Act 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 ( 84 Stat. 1676; 42 U.S.C. 215 nt). (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) 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.

2. 1976

   Consumer Product Safety Commission Improvements Act of 1976

   Pub. L. 94–284 § 3(f) · 90 Stat. 503

   1. Struck · 15 U.S.C. § 2079(a)

      Pub. L. 94–284, § 3(f), struck out “of the Administrator of the Environmental Protection Agency and” before “of the Secretary of Health, Education, and Welfare”

   2. Substituted · 15 U.S.C. § 2079(a)

      Pub. L. 94–284, § 3(f), substituted “Federal Food, Drug, and Cosmetic Act” for “Acts amended by subsections (b) through (f) of section 7 of the Poison Prevention Act of 1970”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–284, § 3(f), struck out “of the Administrator of the Environmental Protection Agency and” before “of the Secretary of Health, Education, and Welfare” and substituted “Federal Food, Drug, and Cosmetic Act” for “Acts amended by subsections (b) through (f) of section 7 of the Poison Prevention Act of 1970”.

   Enacted provision · exact public law section
   (f) The second sentence of section 30(a) of the Consumer Product Safety Act (15 U.S.C. 2079(a)) is amended by (1) striking out “of the Administrator of the Environmental Protection Agency and”; and (2) striking out “Acts amended by subsections (b) through (f) of section 7 of the Poison Prevention Packaging Act of 1970” and inserting in lieu thereof “Federal Food, Drug, and Cosmetic Act (15 21 USC 301. U.S.C. 301 et seq,)”.

3. 1976

   Consumer Product Safety Commission Improvements Act of 1976

   Pub. L. 94–284 § 16 · 90 Stat. 503

   Inserted · 15 U.S.C. § 2079(d)

   Pub. L. 94–284, § 16, inserted requirement that the Commission find by a rule, promulgated in accordance with section 553 of title 5, that it is within the public interest to regulate a risk of injury under this chapter which could be eliminated or reduced by action under the enumerated acts

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 94–284, § 16, inserted requirement that the Commission find by a rule, promulgated in accordance with section 553 of title 5, that it is within the public interest to regulate a risk of injury under this chapter which could be eliminated or reduced by action under the enumerated acts.

   Enacted provision · exact public law section
   Sec. 16. jurisdiction under consumer product safety act Section 30(d) of the Consumer Product Safety Act (15 U.S.C. 2079(d)) is amended to read as follows: “(d) A risk of injury which is associated with a consumer product and which could be eliminated or reduced to a sufficient extent by 15 USC 1261 note. 15 USC 1471 note, 1191 note. action under the Federal Hazardous Substances Act, the Poison Prevention Packaging Act of 1970, or the Flammable Fabrics Act may be regulated under this Act only if the Commission by rule finds that it is in the public interest to regulate such risk of injury under this Act. Such a rule shall identify the risk of injury proposed to be regulated under this Act and shall he promulgated in accordance with section 553 of title 5. United States Code; 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.”.

4. 1988

   Technology Competitiveness Act

   Pub. L. 100–418 title V § 5115(c) · 102 Stat. 1107

   Substituted · 15 U.S.C. § 2079(e)(1)(A)

   Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards”

   Source evidence

   Code amendment note
   Subsec. (e)(1)(A). Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards”.

   Enacted provision · exact public law section
   (c) Amendments to Other Laws.— References in any other Federal 15 USC 271 note. law to the National Bureau of Standards shall be deemed to refer to the National Institute of Standards and Technology.

5. 2008

   Consumer Product Safety Improvement Act of 2008

   Pub. L. 110–314 title II § 237 · 122 Stat. 3016

   Struck · 15 U.S.C. § 2079(d)

   Pub. L. 110–314 struck out subsec. (d). Prior to amendment, text read as follows: “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, the Poison Prevention Packaging Act of 1970, or the Flammable Fabrics Act 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.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 110–314 struck out subsec. (d). Prior to amendment, text read as follows: “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, the Poison Prevention Packaging Act of 1970, or the Flammable Fabrics Act 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.”

   Enacted provision · exact public law section
   SEC. 237. REPEAL.   Section 30 (15 U.S.C. 2079) is amended by striking subsection (d).

6 of 6 references resolved to an enrolled provision