Title 15 — Commerce and Trade
Chapter 47 — Consumer Product Safety
§ 2077. Chronic Hazard Advisory Panels
Statutory text
Appointment; purposes
The Commission shall appoint Chronic Hazard Advisory Panels (hereinafter referred to as the Panel or Panels) to advise the Commission in accordance with the provisions of section 2080(b) of this title respecting the chronic hazards of cancer, birth defects, and gene mutations associated with consumer products.
Composition; membership
Each Panel shall consist of 7 members appointed by the Commission from a list of nominees who shall be nominated by the President of the National Academy of Sciences from scientists—
who are not officers or employees of the United States (other than employees of the National Institutes of Health, the National Toxicology Program, or the National Center for Toxicological Research), and who do not receive compensation from or have any substantial financial interest in any manufacturer, distributor, or retailer of a consumer product; and
who have demonstrated the ability to critically assess chronic hazards and risks to human health presented by the exposure of humans to toxic substances or as demonstrated by the exposure of animals to such substances.
The President of the National Academy of Sciences shall nominate for each Panel a number of individuals equal to three times the number of members to be appointed to the Panel.
Chairman and Vice Chairman; election; term
The Chairman and Vice Chairman of the Panel shall be elected from among the members and shall serve for the duration of the Panel.
Majority vote
Decisions of the Panel shall be made by a majority of the Panel.
Administrative support services
The Commission shall provide each Panel with such administrative support services as it may require to carry out its duties under section 2080 of this title.
Compensation
A member of a Panel appointed under subsection (a) shall be paid at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule for each day (including traveltime) during which the member is engaged in the actual performance of the duties of the Panel.
Requests for and disclosures of information
Each Panel shall request information and disclose information to the public, as provided in subsection (h), only through the Commission.
Information from other Federal departments and agencies
Notwithstanding any statutory restriction on the authority of agencies and departments of the Federal Government to share information, such agencies and departments shall provide the Panel with such information and data as each Panel, through the Commission, may request to carry out its duties under section 2080 of this title. Each Panel may request information, through the Commission, from States, industry and other private sources as it may require to carry out its responsibilities.
Section 2055 of this title shall apply to the disclosure of information by the Panel but shall not apply to the disclosure of information to the Panel.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Consumer Product Safety Act
Pub. L. 92–573 § 28 · 86 Stat. 1207
Enacted · 15 U.S.C. § 2077
Pub. L. 92–573, § 28, as added Pub. L. 97–35, title XII, § 1206(a), Aug. 13, 1981, 95 Stat. 716
Source evidence
Code source credit
Pub. L. 92–573, § 28, as added Pub. L. 97–35, title XII, § 1206(a), Aug. 13, 1981, 95 Stat. 716Enacted provision · exact public law section
Sec. 28. product safety advisory council (a) The Commission shall establish a Product Safety Advisory Council which it may consult before prescribing a consumer product safety rule or taking other action under this Act, The Council shall be appointed by the Commission and shall be composed of fifteen members, each of whom shall be qualified by training and experience in one or more of the fields applicable to the safety of products within the jurisdiction of the Commission. The Council shall be constituted as follows: (1) five members shall be selected from governmental agencies including Federal, State, and local governments; (2) five members shall be selected from consumer product industries including at least one representative of small business; and (3) five members shall be selected from among consumer organizations, community organizations, and recognized consumer leaders. (b) The Council shall meet at the call of the Commission, but not less often than four times during each calendar year. (c) The Council may propose consumer product safety rules to the Commission for its consideration and may function through subcommittees of its members. All proceedings of the Council shall be public, and a record of each proceeding shall be available for public inspection. (d) Members of the Council who are not officers or employees of the United States shall, while attending meetings or conferences of the Council or while otherwise engaged in the business of the Council, be entitled to receive compensation at a rate fixed by the Commission, not exceeding the daily equivalent of the annual rate of basic pay in 5 USC 5332 note. effect for grade GS–18 of the General Schedule, including traveltime, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, 80 Stat. 499; 83 Stat. 190. as authorized by section 5703 of title 5, United States Code. Payments under this subsection shall not render members of the Council officers or employees of the United States for any purpose.Consumer Product Safety Improvement Act of 1990
Pub. L. 101–608 title I § 116 · 104 Stat. 3110
Inserted · 15 U.S.C. § 2077(b)(1)
Pub. L. 101–608 inserted “(other than employees of the National Institutes of Health, the National Toxicology Program, or the National Center for Toxicological Research)” after “States”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 101–608 inserted “(other than employees of the National Institutes of Health, the National Toxicology Program, or the National Center for Toxicological Research)” after “States”.Enacted provision · exact public law section
SEC. 116. CHRONIC HAZARD ADVISORY PANEL. Section 28(b)(1) (15 U.S.C. 2077(b)(1)) is amended by inserting immediately after “States” the following: “(other than employees of the National Institutes of Health, the National Toxicology Program, or the National Center for Toxicological Research)”.Consumer Product Safety Improvement Act of 2008
Pub. L. 110–314 title II § 235(c)(6) · 122 Stat. 3016
Substituted · 15 U.S.C. § 2077
Pub. L. 110–314, which directed amendment of this section by substituting “the appropriate Congressional committees” for “the Congress” in subsecs. (j)(10)(F) and (k)(1), (2), could not be executed because this section does not contain a subsec. (j) or (k)
Source evidence
Code amendment note
Pub. L. 110–314, which directed amendment of this section by substituting “the appropriate Congressional committees” for “the Congress” in subsecs. (j)(10)(F) and (k)(1), (2), could not be executed because this section does not contain a subsec. (j) or (k).Enacted provision · exact public law section
(6) Sections 17(h)(3), 28(j)(10)(F), and 28(k)(1) and (2) (15 U.S.C. 2066(h)(3), 2077(j)(10)(F), and 2077(k)(1) and (2), respectively) are each amended by striking “the Congress” and inserting “the appropriate Congressional committees”.
3 of 3 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 2077, Pub. L. 92–573, § 28, , 86 Stat. 1230, provided for establishment and membership of Product Safety Advisory Council, prior to repeal by Pub. L. 97–35, title XII, § 1205(a)(1), , 95 Stat. 716.
Amendments1990–2008 · 2 rounds
2008
Pub. L. 110–314, which directed amendment of this section by substituting “the appropriate Congressional committees” for “the Congress” in subsecs. (j)(10)(F) and (k)(1), (2), could not be executed because this section does not contain a subsec. (j) or (k).
1990
Subsec. (b)(1). Pub. L. 101–608 inserted “(other than employees of the National Institutes of Health, the National Toxicology Program, or the National Center for Toxicological Research)” after “States”.
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after , see section 1215 of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 2052 of this title.
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 Pub. L. 101–509, set out in a note under section 5376 of Title 5.
Credits
1981–2008 · 3 acts
- 1981Pub. L. 92–573, § 28, as added Pub. L. 97–35, title XII, § 1206(a), , 95 Stat. 716
- 1990amended Pub. L. 101–608, title I, § 116, , 104 Stat. 3121
- 2008Pub. L. 110–314, title II, § 235(c)(6), , 122 Stat. 3075.
Show as published
(Pub. L. 92–573, § 28, as added Pub. L. 97–35, title XII, § 1206(a), , 95 Stat. 716; amended Pub. L. 101–608, title I, § 116, , 104 Stat. 3121; Pub. L. 110–314, title II, § 235(c)(6), , 122 Stat. 3075.)