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 any product or article described in subpar. (E). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–35, title XII, § 1215, Aug. 13, 1981, 95 Stat. 724, provided that: ‘‘(a) Except as provided in subsection (b), the amend- ments made by this subtitle [see Short Title of 1981 Amendment note set out under section 2051 of this title] shall take effect on the date of the enactment of this Act [Aug. 13, 1981]. ‘‘(b) The amendments made by section 1207 [enacting sections 1204, 1276, and 2083 of this title and amending section 2076 of this title] shall apply with respect to consumer product safety rules under the Consumer Product Safety Act [this chapter] and regulations under the Federal Hazardous Substances Act [section 1261 et seq. of this title] and the Flammable Fabrics Act [section 1191 et seq. of this title] promulgated by the Consumer Product Safety Commission after the date of the enactment of this Act [Aug. 13, 1981]; and the amendments made by sections 1202, 1203, and 1206 of this subtitle [enacting section 2077 of this title and amending sections 1193, 1262, 2056, 2057, 2058, and 2080 of this title] shall apply with respect to regulations under the Consumer Product Safety Act, the Federal Haz- ardous Substances Act, and the Flammable Fabrics Act for which notices of proposed rulemaking are issued after August 14, 1981.’’ EFFECTIVE DATE Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 2053. Consumer Product Safety Commission (a) Establishment; Chairman An independent regulatory commission is hereby established, to be known as the Con- sumer Product Safety Commission, consisting of five Commissioners who shall be appointed by the President, by and with the advice and con- sent of the Senate. In making such appoint- ments, the President shall consider individuals who, by reason of their background and exper- tise in areas related to consumer products and protection of the public from risks to safety, are qualified to serve as members of the Commis- sion. 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 Commis- sion may be removed by the President for ne- glect 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 sec- tion shall be appointed for terms ending three, four, five, six, and seven years, respectively, after October 27, 1972, the term of each to be des- ignated by the President at the time of nomina- tion; and (B) each of their successors shall be ap- pointed for a term of seven years from the date of the expiration of the term for which his pred- ecessor was appointed. (2) Any Commissioner appointed to fill a va- cancy 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 other- wise expire under this subsection. (c) Restrictions on Commissioner’s outside ac- tivities 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 Com- missioner 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 ex- ercise all the powers of the Commission, but Page 1703 TITLE 15—COMMERCE AND TRADE § 2053 1 See References in Text note below. three members of the Commission shall con- stitute 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 Com- mission shall constitute a quorum for the trans- action 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 pe- riod 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 dis- ability of the Chairman or in case of a vacancy in the office of the Chairman. (e) Offices The Commission shall maintain a principal of- fice 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 appro- priations (1) The Chairman of the Commission shall be the principal executive officer of the Commis- sion, and he shall exercise all of the executive and administrative functions of the Commis- sion, including functions of the Commission with respect to (A) the appointment and super- vision of personnel employed under the Commis- sion (other than personnel employed regularly and full time in the immediate offices of com- missioners other than the Chairman), (B) the distribution of business among personnel ap- pointed 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 Com- mission and by such regulatory decisions, find- ings, and determinations as the Commission may by law be authorized to make. (3) Requests or estimates for regular, supple- mental, 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 Gen- eral Counsel, an Associate Executive Director for Engineering Sciences, an Associate Execu- tive Director for Epidemiology, an Associate Ex- ecutive Director for Compliance and Adminis- trative Litigation, an Associate Executive Di- rector for Health Sciences, an Associate Execu- tive Director for Economic Analysis, an Asso- ciate Executive Director for Administration, an Associate Executive Director for Field Oper- ations, a Director for Office of Program, Man- agement, and Budget, and a Director for Office of Information and Public Affairs. Any other in- dividual appointed to a position designated as an Associate Executive Director shall be ap- pointed by the Chairman, subject to the ap- proval of the Commission. The Chairman may only appoint an attorney to the position of As- sociate Executive Director of Compliance and Administrative Litigation except the position of acting Associate Executive Director of Compli- ance 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 ap- proved 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 au- thorized by section 5108(a) of title 5, the Chair- man, subject to the approval of the Commission, and subject to the standards and procedures pre- scribed 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 re- view 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)) travel benefits simi- lar to those authorized for members of the For- eign Service of the United Service under chapter 9 1 of such Act (22 U.S.C. 4081 et seq.). (h) Omitted (i) Civil action against United States Subsections (a) and (h) of section 2680 of title 28 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 func- tion on the part of the Commission or any employee thereof, which exercise, perform- ance, 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). 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. Page 1704 TITLE 15—COMMERCE AND TRADE § 2053a (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 rea- sonable opportunity for the submission of com- ments. (Pub. L. 92–573, § 4, Oct. 27, 1972, 86 Stat. 1210; Pub. L. 94–284, §§ 4, 5(a), May 11, 1976, 90 Stat. 504; Pub. L. 95–631, § 2, Nov. 10, 1978, 92 Stat. 3742; Pub. L. 96–373, Oct. 3, 1980, 94 Stat. 1366; Pub. L. 101–608, title I, §§ 102–105(a), Nov. 16, 1990, 104 Stat. 3110, 3111; Pub. L. 112–74, div. C, title V, § 501, Dec. 23, 2011, 125 Stat. 907.) Editorial Notes REFERENCES IN TEXT The Foreign Service Act of 1980, referred to in subsec. (g)(5), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071. Chap- ter 9 of the Act probably means chapter 9 of title I of the Act which is classified generally to subchapter IX (§ 4081 et seq.) of chapter 52 of Title 22, Foreign Rela- tions and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Tables. CODIFICATION Subsec. (h) of this section amended sections 5314 and 5315 of Title 5, Government Organization and Employ- ees. AMENDMENTS 2011—Subsec. (g)(5). Pub. L. 112–74 added par. (5). 1990—Subsec. (a). Pub. L. 101–608, § 102, inserted after first sentence ‘‘In making such appointments, the President shall consider individuals who, by reason of their background and expertise in areas related to con- sumer products and protection of the public from risks to safety, are qualified to serve as members of the Com- mission.’’ Subsec. (d). Pub. L. 101–608, § 103, inserted before pe- riod at end of first sentence ‘‘, except that if there are only three members serving on the Commission be- cause 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 mem- bers 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’’. Subsec. (g)(1). Pub. L. 101–608, § 104, amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘The Chairman, subject to the approval of the Commis- sion, shall appoint an Executive Director, a General Counsel, a Director of Engineering Sciences, a Director of Epidemiology, and a Director of Information. No in- dividual so appointed may receive pay in excess of the annual rate of basic pay in effect for grade GS–18 of the General Schedule.’’ Subsec. (j). Pub. L. 101–608, § 105(a), added subsec. (j). 1980—Subsec. (g)(2). Pub. L. 96–373 struck out prohibi- tion against regular personnel acceptance of employ- ment or compensation from manufacturer subject to this chapter for period of twelve months following ter- mination of employment with Commission when com- pensated within preceding period of twelve months at rate in excess of annual rate of basic pay in effect for grade GS–14 of the General Schedule. 1978—Subsec. (a). Pub. L. 95–631, § 2(a), substituted ‘‘Senate. The Chairman shall be appointed by the Presi- dent, by and with the advice and consent of the Senate, from among the members of the Commission. An indi- vidual may be appointed as a member of the Commis- sion and as Chairman at the same time.’’ for ‘‘Senate, one of whom shall be designated by the President as Chairman. The Chairman, when so designated shall act as Chairman until the expiration of his term of office as Commissioner.’’ Subsec. (i)(1)(A), (B). Pub. L. 95–631, § 2(b), struck out ‘‘before January 1, 1978,’’ after ‘‘deceit’’ in cl. (A) and ‘‘before January 1, 1978’’ after ‘‘employee thereof’’ in cl. (B). 1976—Subsec. (f)(3). Pub. L. 94–284, § 4(a), added par. (3). Subsec. (g). Pub. L. 94–284, § 4(b), substituted ‘‘reg- ular’’ for ‘‘full-time’’ before ‘‘officer or employee of the Commission’’ and added pars. (3) and (4). Subsec (i). Pub. L. 94–284, § 5, added subsec. (i). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–608, title I, § 105(b), Nov. 16, 1990, 104 Stat. 3111, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to fiscal years which begin more than 180 days after the date of the enactment of this Act [Nov. 16, 1990].’’ EFFECTIVE DATE Section effective Oct. 27, 1972, see section 34(1) of Pub. L. 92–573, set out as a note under section 2051 of this title. INTERIM QUORUM Pub. L. 110–314, title II, § 202(a), Aug. 14, 2008, 122 Stat. 3039, provided that: ‘‘Notwithstanding section 4(d) of the Consumer Product Safety Act (15 U.S.C. 2053(d)), 2 members of the [Consumer Product Safety] Commis- sion, if they are not affiliated with the same political party, shall constitute a quorum for the transaction of business for the 1 year period beginning on the date of enactment of this Act [Aug. 14, 2008].’’ UPGRADE OF COMMISSION INFORMATION TECHNOLOGY SYSTEMS Pub. L. 110–314, title II, § 212(b), Aug. 14, 2008, 122 Stat. 3052, provided that: ‘‘The [Consumer Product Safety] Commission shall expedite efforts to upgrade and im- prove the information technology systems in use by the Commission on the date of enactment of this Act [Aug. 14, 2008].’’ REDUCTION IN NUMBER OF COMMISSIONERS Pub. L. 102–389, title III, Oct. 6, 1992, 106 Stat. 1596, provided in part that funds would not be available for the personnel compensation and benefits of more than three Commissioners of the Consumer Product Safety Commission for fiscal year 1993 and thereafter, prior to repeal by Pub. L. 110–314, title II, § 202(b)(1), Aug. 14, 2008, 122 Stat. 3040. [Pub. L. 110–314, title II, § 202(b)(2), Aug. 14, 2008, 122 Stat. 3040, provided that: ‘‘The amendment made by paragraph (1) [repealing provisions of title III of Pub. L. 102–389, formerly set out above] shall take effect 1 year after the date of enactment of this Act [Aug. 14, 2008].’’] REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 2053a. Employee training exchanges (a) In general The Commission may—