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15 U.S.C. § 2053 — Consumer Product Safety Commission

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2053 — Consumer Product Safety Commission

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Source location: Title 15, Chapter 47, § 2053; chapter-047-consumer-product-safety.md

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**(a) Establishment; Chairman** An independent regulatory commission is hereby established, to be known as the Consumer Product Safety Commission, consisting of five Commissioners who shall be appointed by the President, by and with the advice and consent of the Senate. In making such appointments, the President shall consider individuals who, by reason of their background and expertise in areas related to consumer products and protection of the public from risks to safety, are qualified to serve as members of the Commission. The Chairman shall be appointed by the President, by and with the advice and consent of the Senate, from among the members of the Commission. An individual may be appointed as a member of the Commission and as Chairman at the same time. Any member of the Commission may be removed by the President for neglect of duty or malfeasance in office but for no other cause. **(b) Term; vacancies** (1) Except as provided in paragraph (2), (A) the Commissioners first appointed under this section shall be appointed for terms ending three, four, five, six, and seven years, respectively, after October 27, 1972, the term of each to be designated by the President at the time of nomination; and (B) each of their successors shall be appointed for a term of seven years from the date of the expiration of the term for which his predecessor was appointed. (2) Any Commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A Commissioner may continue to serve after the expiration of this term until his successor has taken office, except that he may not so continue to serve more than one year after the date on which his term would otherwise expire under this subsection. **(c) Restrictions on Commissioner’s outside activities** Not more than three of the Commissioners shall be affiliated with the same political party. No individual (1) in the employ of, or holding any official relation to, any person engaged in selling or manufacturing consumer products, or (2) owning stock or bonds of substantial value in a person so engaged, or (3) who is in any other manner pecuniarily interested in such a person, or in a substantial supplier of such a person, shall hold the office of Commissioner. A Commissioner may not engage in any other business, vocation, or employment. **(d) Quorum; seal; Vice Chairman** No vacancy in the Commission shall impair the right of the remaining Commissioners to exercise all the powers of the Commission, but three members of the Commission shall constitute a quorum for the transaction of business, except that if there are only three members serving on the Commission because of vacancies in the Commission, two members of the Commission shall constitute a quorum for the transaction of business, and if there are only two members serving on the Commission because of vacancies in the Commission, two members shall constitute a quorum for the six month period beginning on the date of the vacancy which caused the number of Commission members to decline to two. The Commission shall have an official seal of which judicial notice shall be taken. The Commission shall annually elect a Vice Chairman to act in the absence or disability of the Chairman or in case of a vacancy in the office of the Chairman. **(e) Offices** The Commission shall maintain a principal office and such field offices as it deems necessary and may meet and exercise any of its powers at any other place. **(f) Functions of Chairman; request for appropriations** (1) The Chairman of the Commission shall be the principal executive officer of the Commission, and he shall exercise all of the executive and administrative functions of the Commission, including functions of the Commission with respect to (A) the appointment and supervision of personnel employed under the Commission (other than personnel employed regularly and full time in the immediate offices of commissioners other than the Chairman), (B) the distribution of business among personnel appointed and supervised by the Chairman and among administrative units of the Commission, and (C) the use and expenditure of funds. (2) In carrying out any of his functions under the provisions of this subsection the Chairman shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. (3) Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Commission may not be submitted by the Chairman without the prior approval of the Commission. **(g) Executive Director; officers and employees** (1) (A) The Chairman, subject to the approval of the Commission, shall appoint as officers of the Commission an Executive Director, a General Counsel, an Associate Executive Director for Engineering Sciences, an Associate Executive Director for Epidemiology, an Associate Executive Director for Compliance and Administrative Litigation, an Associate Executive Director for Health Sciences, an Associate Executive Director for Economic Analysis, an Associate Executive Director for Administration, an Associate Executive Director for Field Operations, a Director for Office of Program, Management, and Budget, and a Director for Office of Information and Public Affairs. Any other individual appointed to a position designated as an Associate Executive Director shall be appointed by the Chairman, subject to the approval of the Commission. The Chairman may only appoint an attorney to the position of Associate Executive Director of Compliance and Administrative Litigation except the position of acting Associate Executive Director of Compliance and Administrative Litigation. (B) (i) No individual may be appointed to such a position on an acting basis for a period longer than 90 days unless such appointment is approved by the Commission. (ii) The Chairman, with the approval of the Commission, may remove any individual serving in a position appointed under subparagraph (A). (C) Subparagraph (A) shall not be construed to prohibit appropriate reorganizations or changes in classification. (2) The Chairman, subject to subsection (f)(2), may employ such other officers and employees (including attorneys) as are necessary in the execution of the Commission’s functions. (3) In addition to the number of positions authorized by [section 5108(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5108/a&num=0&edition=prelim), the Chairman, subject to the approval of the Commission, and subject to the standards and procedures prescribed by chapter 51 of title 5, may place a total of twelve positions in grades GS–16, GS–17, and GS–18. (4) The appointment of any officer (other than a Commissioner) or employee of the Commission shall not be subject, directly or indirectly, to review or approval by any officer or entity within the Executive Office of the President. (5) The Chairman may provide to officers and employees of the Commission who are appointed or assigned by the Commission to serve abroad (as defined in section 102 of the Foreign Service Act of 1980 ([22 U.S.C. 3902](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3902&num=0&edition=prelim))) travel benefits similar to those authorized for members of the Foreign Service of the United Service under chapter 9 11 See References in Text note below. of such Act ([22 U.S.C. 4081](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4081&num=0&edition=prelim) et seq.). **(h) Omitted** **(i) Civil action against United States** Subsections (a) and (h) of [section 2680 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2680&num=0&edition=prelim) do not prohibit the bringing of a civil action on a claim against the United States which— (1) is based upon— (A) misrepresentation or deceit on the part of the Commission or any employee thereof, or (B) any exercise or performance, or failure to exercise or perform, a discretionary function on the part of the Commission or any employee thereof, which exercise, performance, or failure was grossly negligent; and (2) is not made with respect to any agency action (as defined in [section 551(13) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/13&num=0&edition=prelim)). In the case of a civil action on a claim based upon the exercise or performance of, or failure to exercise or perform, a discretionary function, no judgment may be entered against the United States unless the court in which such action was brought determines (based upon consideration of all the relevant circumstances, including the statutory responsibility of the Commission and the public interest in encouraging rather than inhibiting the exercise of discretion) that such exercise, performance, or failure to exercise or perform was unreasonable. **(j) Agenda and priorities; establishment and comments** At least 30 days before the beginning of each fiscal year, the Commission shall establish an agenda for Commission action under the Acts under its jurisdiction and, to the extent feasible, shall establish priorities for such actions. Before establishing such agenda and priorities, the Commission shall conduct a public hearing on the agenda and priorities and shall provide reasonable opportunity for the submission of comments.

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28 U.S.C. § 2680 — Exceptions

The provisions of this chapter and [section 1346(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346/b&num=0&edition=prelim) shall not apply to— **(a)** Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused. **(b)** Any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter. **(c)** Any claim arising in respect of the assessment or collection of any tax or customs duty, or the detention of any goods, merchandise, or other property by any officer of customs or excise or any other law enforcement officer, except that the provisions of this chapter and [section 1346(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346/b&num=0&edition=prelim) apply to any claim based on injury or loss of goods, merchandise, or other property, while in the possession of any officer of customs or excise or any other law enforcement officer, if— (1) the property was seized for the purpose of forfeiture under any provision of Federal law providing for the forfeiture of property other than as a sentence imposed upon conviction of a criminal offense; (2) the interest of the claimant was not forfeited; (3) the interest of the claimant was not remitted or mitigated (if the property was subject to forfeiture); and (4) the claimant was not convicted of a crime for which the interest of the claimant in

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22 U.S.C. § 3901 — Congressional findings and objectives

**(a)** The Congress finds that— (1) a career foreign service, characterized by excellence and professionalism, is essential in the national interest to assist the President and the Secretary of State in conducting the foreign affairs of the United States; (2) the scope and complexity of the foreign affairs of the Nation have heightened the need for a professional foreign service that will serve the foreign affairs interests of the United States in an integrated fashion and that can provide a resource of qualified personnel for the President, the Secretary of State, and the agencies concerned with foreign affairs; (3) the Foreign Service of the United States, established under the Act of May 24, 1924 (commonly known as the Rogers Act) and continued by the Foreign Service Act of 1946, must be preserved, strengthened, and improved in order to carry out its mission effectively in response to the complex challenges of modern diplomacy and international relations; (4) the members of the Foreign Service should be representative of the American people, aware of the principles and history of the United States and informed of current concerns and trends in American life, knowledgeable of the affairs, cultures, and languages of other countries, and available to serve in assignments throughout the world; and (5) the Foreign Service should be operated on the basis of merit principles. **(b)** The objective of this chapter is to strengthen and improve the Foreign Service of the United States by— (1) assuring, in accordance with merit principles, admission through impartial and rigorous examination, acquisition of career status only by those who have demonstrated their fitness through successful completion of probationary assignments, effective career development, advancement

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2051 — Congressional findings and declaration of purpose

**(a)** The Congress finds that— (1) an unacceptable number of consumer products which present unreasonable risks of injury are distributed in commerce; (2) complexities of consumer products and the diverse nature and abilities of consumers using them frequently result in an inability of users to anticipate risks and to safeguard themselves adequately; (3) the public should be protected against unreasonable risks of injury associated with consumer products; (4) control by State and local governments of unreasonable risks of injury associated with consumer products is inadequate and may be burdensome to manufacturers; (5) existing Federal authority to protect consumers from exposure to consumer products presenting unreasonable risks of injury is inadequate; and (6) regulation of consumer products the distribution or use of which affects interstate or foreign commerce is necessary to carry out this chapter. **(b)** The purposes of this chapter are— (1) to protect the public against unreasonable risks of injury associated with consumer products; (2) to assist consumers in evaluating the comparative safety of consumer products; (3) to develop uniform safety standards for consumer products and to minimize conflicting State and local regulations; and (4) to promote research and investigation into the causes and prevention of product-related deaths, illnesses, and injuries.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5376 — Pay for certain senior-level positions

**(a)** This section applies to— (1) positions that are classified above GS–15 pursuant to section 5108; and (2) scientific or professional positions established under section 3104; but does not apply to— (A) any Senior Executive Service position under section 3132; or (B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151. **(b)** (1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be— (A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and (B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule. The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373. (2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate. (3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”. (4) No employee may suffer a reduction in pay by reaso

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22 U.S.C. § 4081 — Travel and related expenses

The Secretary may pay the travel and related expenses of members of the Service and their families, including costs or expenses incurred for— (1) proceeding to and returning from assigned posts of duty; (2) authorized or required home leave; (3) family members to accompany, precede, or follow a member of the Service to a place of temporary duty; (4) representational travel within the country to which the member of the Service is assigned or, when not more than one family member participates, outside such country; (5) obtaining necessary medical care for an illness, injury, or medical condition while abroad in a locality where there is no suitable person or facility to provide such care (without regard to those laws and regulations limiting or restricting the furnishing or payment of transportation and traveling expenses), as well as expenses for— (A) an attendant or attendants for a member of the Service or a family member who is too ill to travel unattended or for a family member who is too young to travel alone, and (B) a family member incapable of caring for himself or herself if he or she remained at the post at which the member of the Service is serving; (6) rest and recuperation travel of members of the Service who are United States citizens, and members of their families, while serving at locations abroad specifically designated by the Secretary for purposes of this paragraph, to— (A) other locations abroad having different social, climatic, or other environmental conditions than those at the post at which the member of the Service is serving, or (B) locations in the United States or its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Isl

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4081

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22 U.S.C. § 3902 — Definitions

As used in this chapter, the term— (1) “abroad” means all areas not included within the United States; (2) “agency” means an agency as defined in section 552(e) 11 See References in Text note below. of title 5; (3) “chief of mission” means the principal officer in charge of a diplomatic mission of the United States or of a United States office abroad which is designated by the Secretary of State as diplomatic in nature, including any individual assigned under [section 3982(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3982/c&num=0&edition=prelim) to be temporarily in charge of such a mission or office; (4) “Department” means the Department of State, except that with reference to the exercise of functions under this chapter with respect to another agency authorized by law to utilize the Foreign Service personnel system, such term means that other agency; (5) “employee” (except as provided in [section 4102(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4102/8&num=0&edition=prelim)) means, when used with respect to an agency or to the Government generally, an officer or employee (including a member of the Service) or a member of the Armed Forces of the United States, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration; (6) “function” includes any duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity; (7) “Government” means the Government of the United States; (8) “merit principles” means the principles set out in [section 2301(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2301/b&num=0&edition=prelim); (9) “p

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3902

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15 U.S.C. § 2052 — Definitions

**(a) In general** In this chapter: (1) **Appropriate Congressional committees** — The term “appropriate Congressional committees” means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (2) **Children’s product** — The term “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered: (A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable. (B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger. (C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger. (D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines. (3) **Commerce** — The term “commerce” means trade, traffic, commerce, or transportation— (A) between a place in a State and any place outside thereof, or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). (4) **Commission** — The term “Commission” means the Consumer Product Safety Commission, established by [section 2053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2053&num=0&edition=prelim). (5) **Consumer product** — The term “consumer product” means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2053a — Employee training exchanges

**(a) In general** The Commission may— (1) retain or employ officers or employees of foreign government agencies on a temporary basis pursuant to [section 2053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2053&num=0&edition=prelim) or section 3101 or 3109 of title 5; and (2) detail officers or employees of the Commission to work on a temporary basis for appropriate foreign government agencies for the purpose of providing or receiving training. **(b) Reciprocity and reimbursement** The Commission may execute the authority contained in subsection (a) with or without reimbursement in money or in kind, and with or without reciprocal arrangements by or on behalf of the foreign government agency involved. Any amounts received as reimbursement for expenses incurred by the Commission under this section shall be credited to the appropriations account from which such expenses were paid. **(c) Standards of conduct** An individual retained or employed under subsection (a)(1) shall be considered to be a Federal employee while so retained or employed, only for purposes of— (1) injury compensation as provided in chapter 81 of title 5 and tort claims liability under chapter 171 of title 28; (2) chapter 131 of title 5 and the provisions of chapter 11 of title 18; and (3) any other statute or regulation governing the conduct of Federal employees.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2053 — Consumer Product Safety Commission

Page 1702 TITLE 15—COMMERCE AND TRADE § 2053 in alphabetical order based on headings of pars., and re- numbered pars. as so reordered. Pub. L. 110–314, § 235(b)(1), which directed amendment of subsec. (a) by substituting subsec. heading and intro- ductory provisions for ‘‘for purposes of this chapter:’’, was executed by making the substitution for ‘‘For pur- poses of this chapter:’’ to reflect the probable intent of Congress. Subsec. (a)(15) to (17). Pub. L. 110–314, § 235(a), added pars. (15) defining ‘‘appropriate Congressional commit- tees’’, (16) defining ‘‘children’s product’’, and (17) defin- ing ‘‘third-party logistics providers’’. Subsec. (b). Pub. L. 110–314, § 235(b)(5), (c)(1), inserted heading and inserted ‘‘third-party logistics provider,’’ after ‘‘contract carrier,’’ in text. 1986—Subsec. (a)(1)(E). Pub. L. 99–514 substituted ‘‘In- ternal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. 1981—Subsec. (a)(1). Pub. L. 97–35 inserted provisions that term ‘‘consumer product’’ includes any mechan- ical device which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its pas- sengers amusement, which is customarily controlled or directed by an individual who is employed for that pur- pose and who is not a consumer with respect to such de- vice, and which is not permanently fixed to a site and that such term does not include such a device which is permanently fixed to a site. 1976—Subsec. (a)(1). Pub. L. 94–284 substituted in sub- par. (D) ‘‘pesticides’’ for ‘‘economic poisons’’, and in provision following subpar. (I) ‘‘other limitations’’ for ‘‘limitations’’, and inserted provision which limited the authority of the Commission to regulate a

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2053

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3902 — Definitions

Page 1423 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3902 1 See References in Text note below. (b) Minister-Counselor Range from 100 percent of the minimum rate of basic pay for senior-level positions under 5 U.S.C. 5376 to 107 percent of the rate payable for level III of the Executive Schedule. (c) Counselor Range from 100 percent of the minimum rate of basic pay for senior-level positions under 5 U.S.C. 5376 to 102 percent of the rate payable for level III of the Executive Schedule. SEC. 5. There is hereby delegated to the Secretary of State, without further action by the President, the au- thority vested in the President by Section 2107 of the Act [22 U.S.C. 4157] to the extent necessary to imple- ment the provisions of Section 2101 of the Act [22 U.S.C. 4151], relating to pay and benefits pending conversion. SEC. 6. (a) Pursuant to Section 211 of the Act (22 U.S.C. 3931), there is established in the Department of State the Board of Examiners for the Foreign Service. (b) The Board shall be appointed by, and in accord- ance with regulations prescribed by, the Secretary of State, except that not less than five shall be career members of the Foreign Service and not less than seven shall be appointed as follows. (1) not less than five shall be appointed by the heads of the agencies utilizing the Foreign Service personnel system; (2) not less than one shall be a representative ap- pointed by the Director of the Office of Personnel Man- agement; and (3) not less than one shall be a representative ap- pointed by the Secretary of Labor. (c) The Secretary of State shall designate from among the members of the Board a Chairman who is a member of the Service. (d) The Secretary of State shall provide all necessary administrative services and facilit

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 3902

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