119th CONGRESS

1st Session

S. 1059

1. Short title
2. Findings
3. Definitions
4. Transfer of antitrust enforcement functions from the FTC to the Department of Justice
5. Transfer of functions
6. Technical and conforming amendments
7. Effective date

1. Short title

This Act may be cited as the "One Agency Act".

2. Findings

Congress finds the following:

(1) - It is the policy of the United States to promote the vigorous, effective, and efficient enforcement of the antitrust laws.

(2) - The overlapping antitrust enforcement jurisdiction of the Department of Justice and the Federal Trade Commission has wasted taxpayer resources, hampered enforcement efforts, and caused uncertainty for businesses and consumers in the United States.

(3) - It is preferable that primary Federal responsibility for enforcing the antitrust laws of the United States be given to a single entity, and the Department of Justice is best suited to do so.

3. Definitions

In this Act:

(1) Antitrust laws - The term "antitrust laws" means—

(A) - the Sherman Act (15 U.S.C. 1 et seq.); and

(B) - the Clayton Act (15 U.S.C. 12 et seq.).

(2) Effective date - The term "effective date" means the date described in section 7.

(3) FTC - The term "FTC" means the Federal Trade Commission.

(4) FTC antitrust action - The term "FTC antitrust action" means any investigation, litigation, administrative proceeding, or other action of the FTC that—

(A) - is supervised by an FTC antitrust unit; or

(B) - relates to the antitrust laws or unfair methods of competition under section 5 of the Federal Trade Commission Act (15 U.S.C. 45), as in effect on the day before the effective date.

(5) FTC antitrust assets - The term "FTC antitrust assets"—

(A) - means all electronic or tangible records and files relating to matters supervised, as well as any physical assets or equipment owned and used or retained, by an FTC antitrust unit; and

(B) - does not include any office space or leased facilities or equipment.

(6) FTC antitrust employee - The term "FTC antitrust employee" means an individual who on the day before the effective date is employed by the FTC and assigned to an FTC antitrust unit.

(7) FTC antitrust funding - The term "FTC antitrust funding" means all amounts appropriated before the effective date by an Act of Congress to the FTC that are designated, by Congress or the FTC for an FTC antitrust unit.

(8) FTC antitrust unit - The term "FTC antitrust unit" means—

(A) - the Bureau of Competition of the FTC; and

(B) - each division of the Bureau of Economics of the FTC that is designated to work on FTC antitrust actions.

(9) Transition period - The term "transition period" means the period beginning on the effective date and ending on the later of—

(A) - the date that is 1 year after the effective date; or

(B) - the date that is 180 days after the date described in subparagraph (A), which may be extended by the Attorney General once for an additional 180 days, if the Attorney General determines that a period longer than the period described in subparagraph (A) is necessary to avoid harm to the interests of the United States or the effective enforcement of the antitrust laws.

4. Transfer of antitrust enforcement functions from the FTC to the Department of Justice

(a) Transfer of actions

(1) In general - There shall be transferred to the Attorney General all FTC antitrust actions, FTC antitrust employees, FTC antitrust assets, and FTC antitrust funding on the earlier of—

(A) - the date determined by the Attorney General under paragraph (2)(B); or

(B) - the end of the transition period.

(2) Requirement - The Attorney General, taking care to minimize disruption to ongoing enforcement matters and in consultation as necessary with the Office of Personnel Management, the General Services Administration, and the Chairman of the FTC, shall—

(A) - take all necessary actions to complete implementation of this Act before the end of the transition period; and

(B) - determine the dates certain, which may not be earlier than the effective date nor later than the end of the transition period, on which the transfers under paragraph (1) shall occur.

(3) Personnel

(A) Assignment - An FTC antitrust employee transferred to the Department of Justice under this Act shall be assigned to the Antitrust Division of the Department of Justice.

(B) Office space - On the request of the Attorney General, and in consultation as necessary with the General Services Administration, the FTC shall allow the Department of Justice to use any office space or leased facilities previously used by FTC antitrust employees until such time as the Department of Justice may provide office space or facilities. After the transfer of FTC antitrust funding to the Department of Justice, the Department of Justice shall compensate the FTC for the costs of the use of such office space or leased facilities.

(C) Restructuring - Notwithstanding any other provision of law, the Attorney General is authorized to restructure the Antitrust Division of the Department of Justice before the expiration of the transition period, as the Attorney General determines is appropriate, to carry out the purposes of this Act and accomplish the efficient enforcement of the antitrust laws.

(4) Antitrust actions

(A) In general - As soon as is reasonably practicable during the transition period, all open investigations, studies, litigations, matters, or other proceedings being supervised by an FTC antitrust unit and relating to the antitrust laws or unfair methods of competition under section 5 of the Federal Trade Commission Act (15 U.S.C. 45), as in effect on the day before the effective date, shall be transferred to and assumed by the Department of Justice.

(B) Handling of FTC antitrust actions - Any FTC antitrust action that was initiated by the FTC and was unresolved as of the first day of the transition period shall be continued as the Attorney General determines is appropriate. The FTC shall have the power to deputize former FTC antitrust employees, with the consent of the Attorney General, to continue such FTC antitrust actions.

(C) Intervention - Any FTC antitrust action before a court of the United States that was initiated by the FTC and was unresolved as of the first day of the transition period, shall be continued as the Attorney General determines is appropriate. The FTC shall have the power to deputize former FTC antitrust employees, with the consent of the Attorney General, to continue such FTC antitrust actions.

(D) Consent decrees

(i) In general - At the end of the transition period, the Attorney General shall have sole authority to receive all reports as required under, enforce violations of, approve modifications to, or rescind any consent decree entered into by the FTC before the effective date that concerns conduct alleged to violate the antitrust laws or unfair methods of competition under section 5 of the Federal Trade Commission Act (15 U.S.C. 45), as in effect on the day before the effective date.

(ii) Administrative enforcement - If determined necessary by the FTC and the Attorney General, the FTC shall have the power to deputize former FTC antitrust employees, with the consent of the Attorney General, to enforce and negotiate modifications of FTC consent decrees in effect on the day before the effective date in the administrative process of the FTC.

(5) Authority to conduct investigative studies

(A) Reports of persons, partnerships, and corporations

(i) In general - The Attorney General may require, by general or special orders, persons, partnerships, and corporations, engaged in or whose business affects commerce to file with the Attorney General in such form as the Attorney General may prescribe annual or special reports or answers in writing to specific questions, furnishing to the Attorney General such information as the Attorney General may require as to the organization, business, conduct, practices, management, and relation to other corporations, partnerships, and individuals of the respective persons, partnerships, and corporations filing such reports or answers in writing.

(ii) Oath - Reports and answers required under clause (i) shall—

(I) - be made under oath or otherwise as the Attorney General may prescribe;

(II) - pertain solely to competition or the application of the antitrust laws; and

(III) - be filed with the Attorney General within such reasonable period as the Attorney General may prescribe, unless additional time be granted in any case by the Attorney General.

(B) Publication of information or reports

(i) In general - Except as provided in clause (ii), the Attorney General—

(I) - shall make public from time to time such portions of the information obtained by the Attorney General under this paragraph as are in the public interest;

(II) - may make annual and special reports to Congress that include recommendations for additional legislation; and

(III) - shall provide for the publication of reports and decisions of the Attorney General in such form and manner as may be best adapted for public information and use.

(ii) Prohibition against publication of privileged or confidential information

(I) In general - Except as provided in subclause (II), the Attorney General shall not make public any trade secret or any commercial or financial information that is obtained from any person and that is privileged or confidential.

(II) Exception - The Attorney General may disclose information described in subclause (I) to—

(aa) - officers and employees of appropriate Federal law enforcement agencies or to any officer or employee of any State law enforcement agency upon the prior certification of an officer of any such Federal or State law enforcement agency that such information will be maintained in confidence and will be used only for official law enforcement purposes; or

(bb) - any officer or employee of any foreign law enforcement agency under the same circumstances that making material available to foreign law enforcement agencies is permitted under section 21(b) of the Federal Trade Commission Act (15 U.S.C. 57b–2(b)).

(6) Benefit of antitrust division - All FTC antitrust assets and FTC antitrust funding transferred under this subsection shall be for the exclusive use and benefit of the Antitrust Division of the Department of Justice, except to the extent the FTC deputizes former FTC antitrust employees, with the consent of the Attorney General, to continue any FTC antitrust actions that are ongoing and unresolved before the effective date.

(b) Transition period

(1) In general - Except as provided in paragraph (2), beginning on the effective date, the FTC may not—

(A) - hire or assign an employee to an FTC antitrust unit;

(B) - open a new investigation or matter within an FTC antitrust unit or relating to the antitrust laws or unfair methods of competition under section 5 of the Federal Trade Commission Act;

(C) - without the approval of the Attorney General, enter into a consent decree, enter into a settlement agreement, or otherwise resolve an FTC antitrust action; or

(D) - initiate a new FTC antitrust action.

(2) Enforcement on behalf of the Department of Justice - Notwithstanding paragraph (1), during the transition period, the Attorney General may deputize an FTC antitrust employee to investigate or prosecute an alleged violation of the antitrust laws on behalf of the Department of Justice before the completion of the transfer of personnel under subsection (a).

(3) Same rights and obligations

(A) In general - Notwithstanding any other provision of law, during the transition period all Department of Justice employees under the supervision of the Attorney General shall have the same rights and obligations with respect to confidential information submitted to the FTC as FTC antitrust employees on the day before the effective date.

(B) Rule of construction - Nothing in this paragraph may be construed as implying any change to the rights and obligations described in subparagraph (A) as a result of this Act.

(1) - review any agreements between the FTC and any other Federal agency or any foreign law enforcement agency; and

(2) - before the end of the transition period, seek to amend, transfer, or rescind such agreements as necessary and appropriate to carry out this Act, endeavoring to complete such amendment, transfer, or rescindment with all due haste.

(d) Rules - The Attorney General shall, pursuant to section 7A of the Clayton Act (15 U.S.C. 18a) and in accordance with section 553 of title 5, United States Code, prescribe or amend any rules as necessary to carry out the Clayton Act.

5. Transfer of functions

(a) In general - Any requirement that an agency of the executive branch or an independent agency consult with or seek the concurrence of the FTC or the Chairman of the FTC, where such requirement relates to the antitrust laws or unfair methods of competition under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) as in effect on the day before the effective date, shall be deemed transferred from the FTC or the Chairman of the FTC to the Department of Justice or the Attorney General.

(b) Premerger notification filings

(1) FTC premerger notification filings - With respect to any requirement that an agency or entity provide notification to the FTC, where such requirement relates to the antitrust laws or unfair methods of competition under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) as in effect on the day before the effective date, that notification shall be submitted to the Attorney General.

(2) Department of Justice premerger notification filings - Nothing in paragraph (1) may be construed as implying any change to the requirement for any required notification to the Attorney General.

(c) Existing litigation or appeals - Notwithstanding any other provision of law, the Attorney General shall not deny resources to the FTC or otherwise disrupt existing litigation or appeals that are ongoing on the day before the effective date.

(d) Future actions of Attorney General - Notwithstanding any other provision of law, nothing in this Act may be construed to limit the powers of the Attorney General to enforce the antitrust laws.

(e) Future actions of the FTC - Notwithstanding any other provision of law, the FTC shall not open a new investigation or begin an enforcement action that relates to the antitrust laws or unfair methods of competition under section 5 of the Federal Trade Commission Act (15 U.S.C. 45), except as explicitly allowed under this Act with the approval of the Attorney General and relating to an investigation, litigation, appeal, or consent decree that was ongoing or in place on the day before the effective date.

6. Technical and conforming amendments

(a) Clayton Act - The Clayton Act (15 U.S.C. 12 et seq.) is amended—

(1) - in section 2 (15 U.S.C. 13)—

(A) - in subsection (a), by striking "Federal Trade Commission" and inserting "Attorney General of the United States"; and

(B) - in subsection (b), by striking "Commission" and inserting "Attorney General of the United States";

(2) - in section 5(a) (15 U.S.C. 16(a)), in the second sentence, by striking ", except that, in any action or proceeding brought under the antitrust laws, collateral estoppel effect shall not be given to any finding made by the Federal Trade Commission under the antitrust laws or under section 5 of the Federal Trade Commission Act which could give rise to a claim for relief under the antitrust laws";

(3) - in section 7 (15 U.S.C. 18)—

(A) - in the first undesignated paragraph, by striking "and no person subject to the jurisdiction of the Federal Trade Commission shall acquire the whole or any part of the assets of another person engaged also in commerce or in any activity affecting commerce"; and

(B) - in the second undesignated paragraph, by striking "and no person subject to the jurisdiction of the Federal Trade Commission shall acquire the whole or any part of the assets of one or more persons engaged in commerce or in any activity affecting commerce";

(4) - in section 7A (15 U.S.C. 18a)—

(A) - in subsection (b)—

(i) - in paragraph (1)(A), in the matter preceding clause (i), by striking "the Federal Trade Commission and"; and

(ii) - in paragraph (2), by striking "Federal Trade Commission and the";

(B) - in subsection (c)—

(i) - in paragraph (6), by striking "the Federal Trade Commission and"; and

(ii) - in paragraph (8), by striking "the Federal Trade Commission and";

(i) - in the matter preceding paragraph (1), by striking "Federal Trade Commission, with the concurrence of the Attorney General and" and inserting "Attorney General of the United States"; and

(ii) - in paragraph (1), by striking "the Federal Trade Commission and";

(D) - in subsection (e)—

(i) - in paragraph (1)—

(I) - in subparagraph (A), by striking "Federal Trade Commission or the"; and

(II) - in subparagraph (B), by striking "and the Federal Trade Commission shall each" and inserting "shall"; and

(ii) - in paragraph (2)—

(I) - by striking "Federal Trade Commission or the";

(II) - by striking "its or’";

(III) - by striking "the Federal Trade Commission or" each place the term appears; and

(IV) - by striking ", as the case may be,";

(E) - in subsection (f)—

(i) - by striking "the Federal Trade Commission, alleging that a proposed acquisition violates section 7 of this Act or section 5 of the Federal Trade Commission Act, or an action is filed by"; and

(ii) - by striking "the Federal Trade Commission or";

(F) - in subsection (g)(2), in the matter following subparagraph (C), by striking "the Federal Trade Commission or";

(G) - in subsection (h), by striking "or the Federal Trade Commission"; and

(H) - in subsection (i)—

(i) - in paragraph (1), by striking "the Federal Trade Commission or" each place the term appears; and

(ii) - in paragraph (2)—

(I) - by striking "or the Federal Trade Commission"; and

(J) - by striking ", the Federal Trade Commission Act,"; and

(5) - in section 8(a)(5) (15 U.S.C. 19(a)(5)), in the second sentence, by striking "Federal Trade Commission" and inserting "Attorney General of the United States".

(b) Charitable Gift Annuity Antitrust Relief Act of 1995 - Section 3(1) of the Charitable Gift Annuity Antitrust Relief Act of 1995 (15 U.S.C. 37a(1)) is amended by striking ", except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition".

(c) Pension Funding Equity Act of 2004 - Section 207(b)(1)(A)(i) of the Pension Funding Equity Act of 2004 (15 U.S.C. 37b(b)(1)(A)(i)) is amended by striking ", except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition".

(d) Federal Trade Commission Act - The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended—

(1) - in section 5 (15 U.S.C. 45)—

(A) - in subsection (a)—

(i) - in paragraph (1), by striking "methods of competition in or affecting commerce, and unfair";

(ii) - by striking paragraph (3); and

(iii) - by redesignating paragraph (4) as paragraph (3);

(B) - in subsection (b)—

(i) - in the first sentence, by striking "unfair method of competition or"; and

(ii) - in the fifth sentence—

(I) - by striking "the method of competition or"; and

(II) - by striking "method of competition or such";

(i) - in the first sentence—

(I) - by striking "method of competition or"; and

(II) - by striking "method of competition or the"; and

(ii) - in the third sentence, by striking "or to competitors";

(D) - by striking subsection (e);

(E) - in subsection (g), by striking paragraph (4); and

(F) - in subsection (n), in the first sentence, by striking "or to competition";

(2) - in section 6 (15 U.S.C. 46)—

(A) - by striking subsections (c) through (e) and (i);

(B) - by redesignating—

(i) - subsections (f), (g), and (h) as subsections (c) through (e), respectively; and

(ii) - subsections (j) through (l) as subsections (f) through (h), respectively;

(C) - in subsection (f)(1), as so redesignated, by striking "other than Federal antitrust laws (as defined in section 12(5) of the International Antitrust Enforcement Assistance Act of 1994 (15 U.S.C. 6211(5))),"; and

(D) - in subsection (h)(2), as so redesignated, in the matter preceding subparagraph (A), by striking "or competition";

(3) - by repealing section 7 (15 U.S.C. 47);

(4) - in section 11 (15 U.S.C. 51), by striking "antitrust Acts or the" each place the term appears;

(5) - in section 18 (15 U.S.C. 57a(a)(2)), by striking the second sentence;

(6) - in section 20 (15 U.S.C. 57b–1)—

(A) - in subsection (a)—

(i) - in paragraph (2), by striking "or in any antitrust violations";

(ii) - in paragraph (3), by striking "or any provisions relating to antitrust violations";

(iii) - in paragraph (7), by striking "or any antitrust violation"; and

(iv) - by striking paragraph (8);

(B) - in subsection (c)(1), by striking "or to antitrust violations,"; and

(7) - in section 21(b)(6) (15 U.S.C. 57b–2(b)(6)), in the matter following subparagraph (D), by striking "paragraphs (5) and (7)" and inserting "paragraphs (4) and (6)"; and

(8) - in section 21A (15 U.S.C. 57b–2a)—

(A) - by striking subsection (f);

(B) - by redesignating subsection (g) as subsection (f);

(C) - in subsection (f), as so redesignated, by striking "subsection (g)" each place the term appears and inserting "subsection (f)"; and

(D) - in section 24 (15 U.S.C. 57b–5(a)), by striking "for any conduct which, because of the provisions of the Act entitled "An Act to authorize association of producers of agricultural products", approved February 18, 1922 (7 U.S.C. 291 et seq., commonly known as the Capper-Volstead Act), is not a violation of any of the antitrust Acts or this Act".

(e) Webb-Pomerene Act - The Webb-Pomerene Act (15 U.S.C. 61 et seq.) is amended—

(1) - by repealing section 4 (15 U.S.C. 64); and

(2) - in section 5—

(A) - in the first undesignated paragraph—

(i) - in the first sentence, by striking "Federal Trade Commission" and inserting "Attorney General of the United States"; and

(ii) - in the second sentence, by striking "commission" each place the term appears and inserting "Attorney General of the United States";

(B) - in the second undesignated paragraph—

(i) - in the first sentence, by striking "Federal Trade Commission" and inserting "Attorney General of the United States"; and

(ii) - by striking the third sentence; and

(f) Wool Products Labeling Act of 1939 - The Wool Products Labeling Act of 1939 (15 U.S.C. 68 et seq.) is amended—

(1) - by striking "an unfair method of competition, and" each place the term appears; and

(2) - in section 68g(b), by striking "an unfair method of competition and".

(g) Fur Products Labeling Act - The Fur Products Labeling Act (15 U.S.C. 69 et seq.) is amended by striking "an unfair method of competition, and" each place the term appears.

(h) Textile Fiber Products Identification Act - The Textile Fiber Products Identification Act (15 U.S.C. 70 et seq.) is amended—

(1) - by striking "an unfair method of competition, and" each place the term appears; and

(2) - in section 3 (15 U.S.C. 70a), by striking "an unfair method of competition and" each place the term appears.

(i) Antitrust Civil Process Act - Section 4(d) of the Antitrust Civil Process Act (15 U.S.C. 1313(d)) is amended—

(1) - in paragraph (1), by striking "(1) Whoever" and inserting "Whoever"; and

(2) - by striking paragraph (2).

(j) International Antitrust Enforcement Assistance Act of 1994 - The International Antitrust Enforcement Assistance Act of 1994 (15 U.S.C. 6201 et seq.) is amended—

(1) - in section 2 (15 U.S.C. 6201), in the matter preceding paragraph (1), by striking "and the Federal Trade Commission";

(2) - in section 3(b) (15 U.S.C. 6202(b)), by striking "and the Commission may, using their respective authority to investigate possible violations of the Federal antitrust laws," and inserting "may";

(3) - in section 5(1) (15 U.S.C. 6204(1)), by striking "or the Commission" each place the term appears;

(4) - in section 6 (15 U.S.C. 6205)—

(A) - by striking "or the Commission"; and

(B) - by striking "6(f)" and inserting "6(c)";

(5) - in section 7 (15 U.S.C. 6206)—

(A) - by striking ", with the concurrence of the Commission," each place the term appears; and

(B) - in subsection (c)(2)(B), by striking "and the Commission";

(6) - in section 8 (15 U.S.C. 6207)—

(A) - by striking "Neither the Attorney General nor the Commission may" each place the term appears and inserting "The Attorney General may not";

(B) - in subsection (a), by striking "or the Commission, as the case may be,";

(D) - in subsection (c)—

(i) - by striking "or the Commission"; and

(ii) - by striking "or the Commission, as the case may be,";

(7) - in section 10 (15 U.S.C. 6209)—

(A) - in subsection (a)—

(i) - by striking ", the Commission,"; and

(ii) - by striking "(a) In General.—The" and inserting "The"; and

(B) - by striking subsection (b);

(8) - in section 12 (15 U.S.C. 6211)—

(A) - in paragraph (2)—

(i) - in the matter preceding subparagraph (A)—

(I) - by striking "and the Commission jointly determine" and inserting "determines";

(II) - by striking "jointly"; and

(III) - by striking "and the Commission";

(ii) - in subparagraph (A)—

(I) - by striking "and the Commission" each place the term appears; and

(II) - by striking "provide" and inserting "provides";

(iii) - in subparagraph (E)(ii), in the matter preceding subclause (I), by striking "or the Commission, as the case may be,";

(iv) - in subparagraph (F)—

(I) - by striking "or the Commission"; and

(II) - by striking "or the Commission, respectively,"; and

(v) - in subparagraph (H)—

(I) - in clause (i)—

(aa) - by striking "or the Commission"; and

(bb) - by striking "or the Commission, respectively,"; and

(II) - in clause (ii), by striking "or the Commission" each place the term appears;

(B) - by striking paragraph (4);

(D) - in paragraph (4), as so redesignated, by striking "but also includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition"; and

(9) - in section 13 (15 U.S.C. 6212)—

(A) - by striking "and the Commission are" and inserting "is"; and

(B) - by striking "or the Commission, respectively,".

(k) Medicare Prescription Drug, Improvement, and Modernization Act of 2003 - Subtitle B of title XI of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 117 Stat. 2461) is amended—

(1) - in the subtitle heading, by striking "Federal Trade Commission" and inserting "Antitrust";

(2) - in section 1111 (21 U.S.C. 355 note)—

(A) - by striking paragraph (8); and

(B) - by redesignating paragraphs (9) through (12) as paragraphs (8) through (11), respectively;

(3) - in section 1112(c) (21 U.S.C. 355 note), by striking "and the Commission" each place the term appears;

(4) - in section 1113 (21 U.S.C. 355 note), by striking "and the Commission";

(5) - in section 1114 (21 U.S.C. 355 note), by striking "or the Commission";

(6) - in section 1115 (21 U.S.C. 355 note)—

(A) - in subsection (a), by striking ", or brought by the Commission in accordance with the procedures established in section 16(a)(1) of the Federal Trade Commission Act (15 U.S.C. 56(a))"; and

(B) - in subsection (b), by striking "or the Commission";

(7) - in section 1116 (21 U.S.C. 355 note), in the matter preceding paragraph (1), by striking "Commission, with the concurrence of the Attorney General" and inserting "Attorney General"; and

(8) - in section 1117 (21 U.S.C. 355 note), by striking "or the Commission" each place the term appears.

7. Effective date

Except as provided otherwise, this Act and the amendments made by this Act shall take effect on the start of the first fiscal year that is at least 90 days after the date of enactment of this Act.

119-S1059

One Agency Act

119th CONGRESS

1st Session

S. 1059

1. Short title

2. Findings

3. Definitions

4. Transfer of antitrust enforcement functions from the FTC to the Department of Justice

5. Transfer of functions

6. Technical and conforming amendments

7. Effective date