Chapter 47, Section 2053, Subsection (g) · 15 U.S.C. Chapter 47 — CONSUMER PRODUCT SAFETY

Contents

(g)

(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), 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.

(5)The Chairman may provide to officers and employees of the Commission who are appointed or assigned by the Commission to serve abroad (as defined in section 102 of the Foreign Service Act of 1980 (22 U.S.C. 3902)) travel benefits similar to those authorized for members of the Foreign Service of the United Service under chapter 9 1 of such Act (22 U.S.C. 4081 et seq.).

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 40

Show every defined term

Act
means the Consumer Product Safety Act [15 U.S.C. 2051 et seq.], the Flammable Fabrics Act [15 U.S.C. 1191 et seq.], the Poison Prevention Packaging Act [15 U.S.C. 1471 et seq.], and the Federal Hazardous Substances Act [15 U.S.C. 1261 et seq.].
appropriate Congressional committees
means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
ATV
means—
butyl nitrite
includes n-butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, and mixtures containing these chemicals.
child care article
means a consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger, or to help such children with sucking or teething.
clothing storage unit
means any free-standing furniture item manufactured in the United States or imported for use in the United States that is intended for the storage of clothing, typical of bedroom furniture.
commerce
means trade, traffic, commerce, or transportation—
commercial purpose
means any commercial purpose other than for the production of consumer products containing volatile alkyl nitrites that may be used for inhaling or otherwise introducing volatile alkyl nitrites into the human body for euphoric or physical effects.
Commission
means the Consumer Product Safety Commission, established by section 2053 of this title.
Consumer Price Index
means the Consumer Price Index for all-urban consumers published by the Department of Labor.
consumer product
has the meaning given such term in section 3(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(1)).
consumer product safety rule
means a consumer products safety standard described in section 2056(a) of this title, or a rule under this chapter declaring a consumer product a banned hazardous product.
cost-of-living adjustment for the preceding five years
means the percentage by which—
covered product
means a consumer product manufactured by a small batch manufacturer where no more than 7,500 units of the same product were manufactured in the previous calendar year;
crib
includes—
criminal violation
means a violation of this chapter or any other Act enforced by the Commission for which the violator is sentenced to pay a fine, be imprisoned, or both.
distributor
means a person to whom a consumer product is delivered or sold for purposes of distribution in commerce, except that such term does not include a manufacturer or retailer of such product.
foreign government agency
means—
function
includes power and duty, and (2) the transfer of a function, under any provision of law, of an agency or the head of a department shall also be a transfer of all functions under such law which are exercised by any office or officer of such agency, or department.
harm
means—
imminently hazardous consumer product
means a consumer product which presents imminent and unreasonable risk of death, serious illness, or severe personal injury.
inclined sleeper for infants
means a product with an inclined sleep surface greater than ten degrees that is intended, marketed, or designed to provide sleeping accommodations for an infant up to 1 year old.
knowingly
means (1) the having of actual knowledge, or (2) the presumed having of knowledge deemed to be possessed by a reasonable man who acts in the circumstances, including knowledge obtainable upon the exercise of due care to ascertain the truth of representations.
low-speed electric bicycle
means a two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.
manufactured
means to manufacture, produce, or assemble.
manufacturer
means any person who manufactures or imports a consumer product.
ordinary book
means a book printed on paper or cardboard, printed with inks or toners, and bound and finished using a conventional method, and that is intended to be read or has educational value.
ordinary paper-based printed materials
means materials printed on paper or cardboard, such as magazines, posters, greeting cards, and similar products, that are printed with inks or toners and bound and finished using a conventional method.
phthalate alternative
means any common substitute to a phthalate, alternative material to a phthalate, or alternative plasticizer.
portable fuel container
means any container or vessel (including any spout, cap, and other closure mechanism or component of such container or vessel or any retrofit or aftermarket spout or component intended or reasonably anticipated to be for use with such container)—
private labeler
means an owner of a brand or trademark on the label of a consumer product which bears a private label.
record
means such consumer product safety rule;
retailer
means a person to whom a consumer product is delivered or sold for purposes of sale or distribution by such person to a consumer.
risk of injury
means a risk of death, personal injury, or serious or frequent illness.
small batch manufacturer
means a manufacturer that had no more than $1,000,000 in total gross revenue from sales of all consumer products in the previous calendar year.
State
means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, Wake Island, Midway Island, Kingman Reef, Johnston Island, the Canal Zone, American Samoa, or the Trust Territory of the Pacific Islands.
stockpiling
means manufacturing or importing a product between the date of promulgation of such rule, regulation, standard, or ban and its effective date at a rate which is significantly greater (as determined under the rule under this paragraph) than the rate at which such product was produced or imported during a base period (prescribed in the rule under this paragraph) ending before the date of promulgation of the rule, regulation, standard, or ban.
substantial product hazard
means—
third party conformity assessment body
means a conformity assessment body that, except as provided in subparagraph (D), is not owned, managed, or controlled by the manufacturer or private labeler of a product assessed by such conformity assessment body.
third-party logistics provider
means a person who solely receives, holds, or otherwise transports a consumer product in the ordinary course of business but who does not take title to the product.