15 U.S.C. § 2053 : US Code - Section 2053: Consumer Product Safety Commission

Search 15 U.S.C. § 2053 : US Code - Section 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.