In anticipation of the end of Commissioner Dziak’s holdover year in October, the U.S. Consumer Product Safety Commission (CPSC) is taking steps to maintain continuity of operations and avoid disruption to its safety mission. Over the last several weeks, Commissioner Dziak and I have worked with Commission staff on plans, including directives and delegations of authority, to ensure Commission efforts to protect the public will continue without interruption. CPSC remains fully empowered and unwavering in our mission to safeguard American families. These plans leave the Commission stronger, and CPSC will not hesitate to deploy every tool at its disposal, including the full weight of our executive authority, to enforce our laws.

Under the Consumer Product Safety Act, Congress expressly empowered the Commission to delegate its authorities to officers and employees of the agency to maintain continuity of operations. This statutory authority is broad, allowing the Commission to delegate all its powers – for example, enforcement, regulatory, and administrative functions – to the Chairman and agency staff, with the sole exception of certain subpoenas. With these delegations in place, CPSC anticipates no impediment to our work going forward, including with respect to investigations.  The agency has a strong, long-standing relationship with the Department of Justice, and we will continue to coordinate closely to protect American consumers, preserving the full force of our investigatory and enforcement tools. 

There is significant historical precedent for the Commission to operate without a quorum. Prior to the Consumer Product Safety Improvement Act of 2008, quorum losses occurred periodically.  In such instances the Commission has exercised its delegation authority to ensure continued protection of the public. We will do so again if necessary.

The American public should be assured: CPSC will continue to execute its mission with vigilance and resolve, holding bad actors accountable and ensuring that dangerous products are swiftly removed from the marketplace.