§ 2053. — Consumer Product Safety Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2053]
TITLE 15--COMMERCE AND TRADE
CHAPTER 47--CONSUMER PRODUCT SAFETY
Sec. 2053. Consumer Product Safety Commission
(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) of this section, 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, 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.
(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 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).
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.
(Pub. L. 92-573, Sec. 4, Oct. 27, 1972, 86 Stat. 1210; Pub. L. 94-284,
Secs. 4, 5(a), May 11, 1976, 90 Stat. 504; Pub. L. 95-631, Sec. 2, Nov.
10, 1978, 92 Stat. 3742; Pub. L. 96-373, Oct. 3, 1980, 94 Stat. 1366;
Pub. L. 101-608, title I, Secs. 102-105(a), Nov. 16, 1990, 104 Stat.
3110, 3111.)
Codification
Subsec. (h) of this section amended sections 5314 and 5315 of Title
5, Government Organization and Employees.
Amendments
1990--Subsec. (a). Pub. L. 101-608, Sec. 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 consumer products and protection of the public from risks to
safety, are qualified to serve as members of the Commission.''
Subsec. (d). Pub. L. 101-608, Sec. 103, inserted before period at
end of first sentence ``, 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''.
Subsec. (g)(1). Pub. L. 101-608, Sec. 104, amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``The Chairman,
subject to the approval of the Commission, shall appoint an Executive
Director, a General Counsel, a Director of Engineering Sciences, a
Director of Epidemiology, and a Director of Information. No individual
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, Sec. 105(a), added subsec. (j).
1980--Subsec. (g)(2). Pub. L. 96-373 struck out prohibition against
regular personnel acceptance of employment or compensation from
manufacturer subject to this chapter for period of twelve months
following termination of employment with Commission when compensated
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, Sec. 2(a), substituted ``Senate.
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.'' 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, Sec. 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, Sec. 4(a), added par. (3).
Subsec. (g). Pub. L. 94-284, Sec. 4(b), substituted ``regular'' for
``full-time'' before ``officer or employee of the Commission'' and added
pars. (3) and (4).
Subsec (i). Pub. L. 94-284, Sec. 5, added subsec. (i).
Effective Date of 1990 Amendment
Section 105(b) of Pub. L. 101-608 provided that: ``The amendment
made by subsection (a) [amending this section] shall apply with respect
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.
Reduction in Number of Commissioners
Pub. L. 102-389, title III, Oct. 6, 1992, 106 Stat. 1596, provided
in part: ``That funds shall 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''.
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 Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
Section Referred to in Other Sections
This section is referred to in sections 2052, 2081 of this title.
