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

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— Page 1705 TITLE 15—COMMERCE AND TRADE § 2054 (1) retain or employ officers or employees of foreign government agencies on a temporary basis pursuant to section 2053 of this title or section 3101 or 3109 of title 5; and (2) detail officers or employees of the Com- mission to work on a temporary basis for ap- propriate 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 re- imbursement 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 sub- section (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 chap- ter 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. (Pub. L. 110–314, title II, § 208, Aug. 14, 2008, 122 Stat. 3046; Pub. L. 117–286, § 4(c)(25), Dec. 27, 2022, 136 Stat. 4357.) Editorial Notes CODIFICATION Section was enacted as part of the Consumer Product Safety Improvement Act of 2008, and not as part of the Consumer Product Safety Act which comprises this chapter. AMENDMENTS 2022—Subsec. (c)(2). Pub. L. 117–286 substituted ‘‘chap- ter 131 of title 5’’ for ‘‘the Ethics in Government Act (5 U.S.C. App.)’’. Statutory Notes and Related Subsidiaries DEFINITION For definition of ‘‘Commission’’ used in this section, see section 2(a) of Pub. L. 110–314, set out as a note under section 2051 of this title. § 2054. Product safety information and research (a) Injury Information Clearinghouse; duties The Commission shall— (1) maintain an Injury Information Clearing- house to collect, investigate, analyze, and dis- seminate injury data, and information, relat- ing to the causes and prevention of death, in- jury, and illness associated with consumer products; (2) conduct such continuing studies and in- vestigations of deaths, injuries, diseases, other health impairments, and economic losses re- sulting from accidents involving consumer products as it deems necessary; (3) following publication of a notice of pro- posed rulemaking for a product safety rule under any rulemaking authority administered by the Commission, assist public and private organizations or groups of manufacturers, ad- ministratively and technically, in the develop- ment of safety standards addressing the risk of injury identified in such notice; and (4) to the extent practicable and appropriate (taking into account the resources and prior- ities of the Commission), assist public and pri- vate organizations or groups of manufacturers, administratively and technically, in the devel- opment of product safety standards and test methods. (b) Research, investigation and testing of con- sumer products The Commission may— (1) conduct research, studies, and investiga- tions on the safety of consumer products and on improving the safety of such products; (2) test consumer products and develop prod- uct safety test methods and testing devices; and (3) offer training in product safety investiga- tion and test methods. (c) Grants and contracts for conduct of functions In carrying out its functions under this sec- tion, the Commission may make grants or enter into contracts for the conduct of such functions with any person (including a governmental enti- ty). (d) Availability to public of information Whenever the Federal contribution for any in- formation, research, or development activity au- thorized by this chapter is more than minimal, the Commission shall include in any contract, grant, or other arrangement for such activity, provisions effective to insure that the rights to all information, uses, processes, patents, and other developments resulting from that activity will be made available to the public without charge on a nonexclusive basis. Nothing in this subsection shall be construed to deprive any per- son of any right which he may have had, prior to entering into any arrangement referred to in this subsection, to any patent, patent applica- tion, or invention. (Pub. L. 92–573, § 5, Oct. 27, 1972, 86 Stat. 1211; Pub. L. 97–35, title XII, § 1209(a), (b), Aug. 13, 1981, 95 Stat. 720; Pub. L. 110–314, title II, § 204(a)(2), Aug. 14, 2008, 122 Stat. 3041.) Editorial Notes AMENDMENTS 2008—Subsec. (a)(3). Pub. L. 110–314 struck out ‘‘an ad- vance notice of proposed rulemaking or’’ after ‘‘fol- lowing publication of’’. 1981—Subsec. (a)(3), (4). Pub. L. 97–35, § 1209(a), added pars. (3) and (4). Subsec. (b)(3). Pub. L. 97–35, § 1209(b), struck out pro- vision that the Commission may assist public and pri- vate organizations, administratively and technically, in the development of safety standards and test meth- ods. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35, effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.