15 U.S.C. § 2079 | Transfers of functions

(a)

Hazardous substances and poisons

15 U.S.C. 1261 15 U.S.C. 1471 21 U.S.C. 301The functions of the Secretary of Health, Education, and Welfare under the Federal Hazardous Substances Act [ et seq.] and the Poison Prevention Packaging Act of 1970 [ 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 [ 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

15 U.S.C. 1191 15 U.S.C. 41The functions of the Secretary of Health, Education, and Welfare, the Secretary of Commerce, and the Federal Trade Commission under the Flammable Fabrics Act [ et seq.] are transferred to the Commission. The functions of the Federal Trade Commission under the Federal Trade Commission Act [ 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

August 2, 195615 U.S.C. 1211The functions of the Secretary of Commerce and the Federal Trade Commission under the Act of [ et seq.] are transferred to the Commission.

(d)

Pub. L. 110–314, title II, § 237Aug. 14, 2008122 Stat. 3076 Repealed. , ,

(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.

Pub. L. 92–573, § 30Oct. 27, 197286 Stat. 1231 Pub. L. 94–284May 11, 197690 Stat. 504 Pub. L. 100–418, title V, § 5115(c)Aug. 23, 1988102 Stat. 1433 Pub. L. 110–314, title II, § 237Aug. 14, 2008122 Stat. 3076 (, , ; , §§ 3(f), 16, , , 510; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 86–613July 12, 196074 Stat. 372 section 1261 of this titleThe Federal Hazardous Substances Act, referred to in subsec. (a), is , , , which is classified generally to chapter 30 (§ 1261 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 91–601Dec. 30, 197084 Stat. 1670 section 1471 of this titleThe Poison Prevention Packaging Act of 1970, referred to in subsec. (a), is , , , which is classified principally to chapter 39A (§ 1471 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act June 25, 1938, ch. 675 52 Stat. 1040 section 301 of Title 21The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a), is , , which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see and Tables.

act June 30, 1953, ch. 164 67 Stat. 111 section 1191 of this titleThe Flammable Fabrics Act, referred to in subsec. (b), is , , which is classified generally to chapter 25 (§ 1191 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act Sept. 26, 1914, ch. 311 38 Stat. 717 section 58 of this titleThe Federal Trade Commission Act, referred to in subsec. (b), is , , which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see and Tables.

August 2, 1956act Aug. 2, 1956, ch. 890 70 Stat. 953 Act of , referred to in subsec. (c), is , , which is classified generally to chapter 26 (§ 1211 et seq.) of this title. For complete classification of this Act to the Code, see Tables.

section 34(2) of Pub. L. 92–573 section 2051 of this titleFor the effective date of this section or, alternatively, the time or date this section takes effect, referred to in subsec. (e)(1)(B), (2), (3), and (4), see , set out as an Effective Date note under .

section 15(b) of Pub. L. 91–604Dec. 31, 197084 Stat. 1710 section 215 of Title 42Paragraphs (3) through (8)(A) of section 15(b) of the Clean Air Amendments of 1970, referred to in subsec. (e)(1)(B), are pars. (3) through (8)(A) of , , , which is set out as a note under , The Public Health and Welfare.

Amendments

Pub. L. 110–314 section 553 of title 52008—Subsec. (d). 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 ; 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.”

Pub. L. 100–4181988—Subsec. (e)(1)(A). substituted “National Institute of Standards and Technology” for “National Bureau of Standards”.

Pub. L. 94–284, § 3(f)1976—Subsec. (a). , 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”.

Pub. L. 94–284, § 16 section 553 of title 5Subsec. (d). , inserted requirement that the Commission find by a rule, promulgated in accordance with , 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.

Statutory Notes and Related Subsidiaries

Effective Date

Oct. 27, 1972section 34(2) of Pub. L. 92–573 section 2051 of this titleSection effective on the later of 150 days after , or the date on which at least three members of the Commission first take office, see , set out as a note under .