15 U.S.C. § 2053 — Consumer Product Safety Commission

(a) Congress establishes an independent regulatory commission called the Consumer Product Safety Commission. It has five Commissioners appointed by the President with Senate advice and consent. The President should consider people qualified by their background and expertise in consumer products and protecting the public from safety risks. The President appoints the Chairman from the Commissioners, with Senate advice and consent, and may appoint someone as Commissioner and Chairman at the same time. The President may remove a Commissioner for neglect of duty or misconduct in office, but no other reason. (b)(1) Unless paragraph (2) applies, the first Commissioners receive terms ending 3, 4, 5, 6, and 7 years after October 27, 1972, with the President designating each term when nominating the person. Each successor receives a seven-year term beginning when the predecessor’s term ends. (2) A Commissioner filling an earlier vacancy serves only the rest of that term. A Commissioner may continue after the term ends until a successor takes office, but not more than one year after the term would otherwise end. (c) No more than three Commissioners may belong to the same political party. A person may not be a Commissioner if the person works for, officially represents, owns substantial stock or bonds in, or has another financial interest in a person that sells or makes consumer products, or in a substantial supplier of such a person. A Commissioner may not have another business, vocation, or job. (d) A vacancy does not stop the remaining Commissioners from exercising the Commission’s powers. Three members form a quorum. If vacancies leave only three members, two form a quorum. If vacancies leave only two, both form a quorum for six months after the vacancy causing the number to fall to two. The Commission must have an official seal, which courts may recognize without proof. Each year it elects a Vice Chairman to act when the Chairman is absent or unable to serve, or when that office is vacant. (e) The Commission must keep a principal office and any field offices it considers necessary. It may meet and exercise its powers elsewhere. (f)(1) The Chairman is the principal executive officer and performs the Commission’s executive and administrative functions, including appointing and supervising employees other than full-time employees in other Commissioners’ immediate offices; distributing work among those employees and Commission administrative units; and using and spending funds. (2) The Chairman must follow the Commission’s general policies and its legally authorized regulatory decisions, findings, and determinations. (3) The Chairman may not submit regular, supplemental, or deficiency appropriation requests or estimates for the Commission without the Commission’s prior approval. (g)(1)(A) With Commission approval, the Chairman appoints an Executive Director, General Counsel, Associate Executive Directors for Engineering Sciences, Epidemiology, Compliance and Administrative Litigation, Health Sciences, Economic Analysis, Administration, and Field Operations, and Directors for the Offices of Program, Management, and Budget and Information and Public Affairs. The Chairman may appoint another Associate Executive Director with Commission approval. Only an attorney may be appointed Associate Executive Director for Compliance and Administrative Litigation, except as its acting officer. (B)(i) No acting appointment to one of these positions may last more than 90 days without Commission approval. (ii) With Commission approval, the Chairman may remove a person in such a position. (C) This does not prevent proper reorganizations or classification changes. (2) Subject to subsection (f)(2), the Chairman may hire other necessary officers and employees, including attorneys. (3) In addition to title 5 section 5108(a) positions, the Chairman, with Commission approval and under title 5 chapter 51 standards and procedures, may place 12 positions in GS–16, GS–17, and GS–18. (4) Appointment of any non-Commissioner officer or employee may not be reviewed or approved by an officer or entity in the Executive Office of the President. (5) The Chairman may give Commission officers and employees assigned abroad travel benefits similar to those authorized for Foreign Service members under chapter 9 of the Foreign Service Act of 1980. (h) Omitted. (i) Sections 2680(a) and (h) of title 28 do not bar a civil action against the United States based on Commission or employee misrepresentation or deceit, or on a discretionary act or failure to act that was grossly negligent, if the claim does not concern agency action as defined in title 5 section 551(13). For a claim based on a discretionary act or failure to act, a court may not enter judgment against the United States unless it finds the conduct unreasonable after considering all relevant circumstances, including the Commission’s statutory responsibility and the public interest in encouraging rather than discouraging discretion. (j) At least 30 days before each fiscal year begins, the Commission must set an agenda for actions under the Acts it administers and, as far as feasible, priorities for those actions. Before doing so, it must hold a public hearing and allow a reasonable opportunity for comments..