15 USC 2053 - Consumer Product Safety Commission

1 See References in Text note below.

of such Act (

Editorial Notes

References in Text

The Foreign Service Act of 1980, referred to in subsec. (g)(5), is Puspan. L. 96–465, Oct. 17, 1980, 94 Stat. 2071. Chapter 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 Relations 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 Employees.

Amendments

2011—Subsec. (g)(5). Puspan. L. 112–74 added par. (5).

1990—Subsec. (a). Puspan. 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 consumer products and protection of the public from risks to safety, are qualified to serve as members of the Commission.”

Subsec. (d). Puspan. L. 101–608, § 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). Puspan. L. 101–608, § 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). Puspan. L. 101–608, § 105(a), added subsec. (j).

1980—Subsec. (g)(2). Puspan. 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). Puspan. L. 95–631, § 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). Puspan. L. 95–631, § 2(span), 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). Puspan. L. 94–284, § 4(a), added par. (3).

Subsec. (g). Puspan. L. 94–284, § 4(span), substituted “regular” for “full-time” before “officer or employee of the Commission” and added pars. (3) and (4).

Subsec (i). Puspan. L. 94–284, § 5, added subsec. (i).

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Puspan. L. 101–608, title I, § 105(span), Nov. 16, 1990, 104 Stat. 3111, 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 Puspan. L. 92–573, set out as a note under section 2051 of this title.

Interim Quorum

Puspan. 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] Commission, 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

Puspan. L. 110–314, title II, § 212(span), Aug. 14, 2008, 122 Stat. 3052, provided that:

“The [Consumer Product Safety] Commission shall expedite efforts to upgrade and improve 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

Puspan. 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 Puspan. L. 110–314, title II, § 202(span)(1), Aug. 14, 2008, 122 Stat. 3040.

[Puspan. L. 110–314, title II, § 202(span)(2), Aug. 14, 2008, 122 Stat. 3040, provided that:

“The amendment made by paragraph (1) [repealing provisions of title III of Puspan. L. 102–389, formerly set out above] shall take effect 1 year after the date of enactment of this Act [Aug. 14, 2008].”

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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, § 101(c)(1)] of Puspan. L. 101–509, set out in a note under section 5376 of Title 5.