§ 2079. — Transfers of functions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2079]
TITLE 15--COMMERCE AND TRADE
CHAPTER 47--CONSUMER PRODUCT SAFETY
Sec. 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.
(Pub. L. 92-573, Sec. 30, Oct. 27, 1972, 86 Stat. 1231; Pub. L. 94-284,
Secs. 3(f), 16, May 11, 1976, 90 Stat. 504, 510; Pub. L. 100-418, title
V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433.)
References in Text
The Federal Hazardous Substances Act, referred to in subsecs. (a)
and (d), is Pub. L. 86-613, July 12, 1960, 74 Stat. 372, as amended,
which is classified generally to chapter 30 (Sec. 1261 et seq.) of this
title, For complete classification of this Act to the Code, see Short
Title note set out under section 1261 of this title and Tables.
The Poison Prevention Packaging Act of 1970, referred to in subsecs.
(a) and (d), is Pub. L. 91-601, Dec. 30, 1970, 84 Stat. 1670, as
amended, which is classified generally to chapter 39A (Sec. 1471 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1471 of this title and
Tables.
The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
(a), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is
classified generally to chapter 9 (Sec. 301 et seq.) of Title 21, Food
and Drugs. For complete classification of this Act to the Code, see
section 301 of Title 21 and Tables.
The Flammable Fabrics Act, referred to in subsecs. (b) and (d), is
act June 30, 1953, ch. 164, 67 Stat. 111, as amended, which is
classified generally to chapter 25 (Sec. 1191 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1191 of this title and Tables.
The Federal Trade Commission Act, referred to in subsec. (b), is act
Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified
generally to subchapter I (Sec. 41 et seq.) of chapter 2 of this title.
For complete classification of this Act to the Code, see section 58 of
this title and Tables.
Act of August 2, 1956, referred to in subsec. (c), is act Aug. 2,
1956, ch. 890, 70 Stat. 953, as amended, which is classified generally
to chapter 26 (Sec. 1211 et seq.) of this title. For complete
classification of this Act to the Code, see Tables.
For 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 section 34(2) of Pub. L. 92-573, set out as an
Effective Date note under section 2051 of this title.
Paragraphs (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 section 15(b) of Pub. L. 91-604, Dec. 31, 1970, 84
Stat. 1710, which is set out as a note under section 215 of Title 42,
The Public Health and Welfare.
Amendments
1988--Subsec. (e)(1)(A). Pub. L. 100-418 substituted ``National
Institute of Standards and Technology'' for ``National Bureau of
Standards''.
1976--Subsec. (a). Pub. L. 94-284, Sec. 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''.
Subsec. (d). Pub. L. 94-284, Sec. 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.
Section Referred to in Other Sections
This section is referred to in sections 2052, 2081, 6004 of this
title.
