15 U.S.C. § 2079 : US Code - Section 2079: Transfers of functions

Search 15 U.S.C. § 2079 : US Code - Section 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.