US (United States) Code. Title 15. Chapter 47: Consumer product safety

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and Trade

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15 USC CHAPTER 47 - CONSUMER PRODUCT SAFETY 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

.

-HEAD-

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-MISC1-

Sec.

2051. Congressional findings and declaration of purpose.

2052. Definitions.

2053. Consumer Product Safety Commission.

(a) Establishment; Chairman.

(b) Term; vacancies.

(c) Restrictions on Commissioner's outside

activities.

(d) Quorum; seal; Vice Chairman.

(e) Offices.

(f) Functions of Chairman; request for

appropriations.

(g) Executive Director; officers and employees.

(h) Omitted.

(i) Civil action against United States.

(j) Agenda and priorities; establishment and

comments.

2054. Product safety information and research.

(a) Injury Information Clearinghouse; duties.

(b) Research, investigation and testing of consumer

products.

(c) Grants and contracts for conduct of functions.

(d) Availability to public of information.

2055. Public disclosure of information.

(a) Disclosure requirements for manufacturers or

private labelers; procedures applicable.

(b) Additional disclosure requirements for

manufacturers or private labelers; procedures

applicable.

(c) Communications with manufacturers.

(d) ''Act'' defined; coverage.

(e) Disclosure of information regarding civil actions

involving consumer product alleged to have

caused death or injury.

2056. Consumer product safety standards.

(a) Types of requirements.

(b) Reliance of Commission upon voluntary standards.

(c) Contribution of Commission to development cost.

2057. Banned hazardous products.

2057a. Banning of butyl nitrite.

(a) In general.

(b) Lawful purposes.

(c) Definitions.

(d) Effective date.

2057b. Banning of isopropal nitrite and other nitrites.

(a) In general.

(b) Lawful purposes.

(c) ''Commercial purpose'' defined.

(d) Effective date.

2058. Procedure for consumer product safety rules.

(a) Commencement of proceeding; publication of

prescribed notice of proposed rulemaking;

transmittal of notice.

(b) Voluntary standard; publication as proposed rule;

notice of reliance of Commission on standard.

(c) Publication of proposed rule; preliminary

regulatory analysis; contents; transmittal of

notice.

(d) Promulgation of rule; time.

(e) Expression of risk of injury; consideration of

available product data; needs of elderly and

handicapped.

(f) Findings; final regulatory analysis; judicial

review of rule.

(g) Effective date of rule or standard; stockpiling

of product.

(h) Amendment or revocation of rule.

(i) Petition to initiate rulemaking.

2059. Repealed.

2060. Judicial review of consumer product safety rules.

(a) Petition by persons adversely affected,

consumers, or consumer organizations.

(b) Additional data, views, or arguments.

(c) Jurisdiction; costs and attorneys' fees;

substantial evidence to support administrative

findings.

(d) Supreme Court review.

(e) Other remedies.

(f) Computation of reasonable fee for attorney.

2061. Imminent hazards.

(a) Filing of action.

(b) Relief; product condemnation and seizure.

(c) Consumer product safety rule.

(d) Jurisdiction and venue; process; subpena.

(e) Employment of attorneys by Commission.

(g) Cost-benefit analysis of compliance with relief

ordered in action for judicial review of

consumer product safety rule not required.

2062. Repealed.

2063. Product certification and labeling.

(a) Certification accompanying product; products with

more than one manufacturer.

(b) Rules to establish reasonable testing programs.

(c) Form and contents of labels.

2064. Substantial product hazards.

(a) ''Substantial product hazard'' defined.

(b) Noncompliance with applicable consumer product

safety rules; product defects; notice to

Commission by manufacturer, distributor, or

retailer.

(c) Public notice of defect or failure to comply;

mail notice.

(d) Repair; replacement; refunds; action plan.

(e) Reimbursement.

(f) Hearing.

(g) Preliminary injunction.

(h) Cost-benefit analysis of notification or other

action not required.

2065. Inspection and recordkeeping.

2066. Imported products.

(a) Refusal of admission.

(b) Samples.

(c) Modification.

(d) Supervision of modifications.

(e) Product destruction.

(f) Payment of expenses occasioned by refusal of

admission.

(g) Importation conditioned upon manufacturer's

compliance.

(h) Product surveillance program.

2067. Exemption of exports.

(a) Risk of injury to consumers within United States.

(b) Statement of exportation: filing period,

information; notification of foreign country;

petition for minimum filing period: good cause.

2068. Prohibited acts.

(a) Designation.

(b) Exception.

2069. Civil penalties.

(a) Amount of penalty.

(b) Relevant factors in determining amount of

penalty.

(c) Compromise of penalty; deductions from penalty.

(d) ''Knowingly'' defined.

2070. Criminal penalties.

2071. Injunctive enforcement and seizure.

(a) Jurisdiction.

(b) Products liable to proceeding.

2072. Suits for damages.

(a) Persons injured; costs; amount in controversy.

(b) Denial and imposition of costs.

(c) Remedies available.

2073. Private enforcement.

2074. Private remedies.

(a) Liability at common law or under State statute

not relieved by compliance.

(b) Evidence of Commission's inaction inadmissible in

actions relating to consumer products.

(c) Public information.

2075. State standards.

(a) State compliance to Federal standards.

(b) Consumer product safety requirements which impose

performance standards more stringent than

Federal standards.

(c) Exemptions.

2076. Additional functions of Consumer Product Safety Commission.

(a) Authority to conduct hearings or other inquiries.

(b) Commission powers; orders.

(c) Noncompliance with subpena or Commission order;

contempt.

(d) Disclosure of information.

(e) Performance and technical data.

(f) Purchase of consumer products by Commission.

(g) Contract authority.

(h) Research, development, and testing facilities.

(i) Recordkeeping; audit.

(j) Report to President and Congress.

(k) Budget estimates and requests; legislative

recommendations; testimony; comments on

legislation.

2076a. Report on civil penalties.

2077. Chronic Hazard Advisory Panels.

(a) Appointment; purposes.

(b) Composition; membership.

(c) Chairman and Vice Chairman; election; term.

(d) Majority vote.

(e) Administrative support services.

(f) Compensation.

(g) Requests for and disclosures of information.

(h) Information from other Federal departments and

agencies.

2078. Cooperation with States and other Federal agencies.

(a) Programs to promote Federal-State cooperation.

(b) Appropriateness of State and local programs.

(c) Cooperation of Federal departments and agencies.

(d) Utilization of National Institute of Standards

and Technology.

(e) Copies of accident or investigation reports to

other agencies; conditions.

2079. Transfers of functions.

(a) Hazardous substances and poisons.

(b) Flammable fabrics.

(c) Household refrigerators.

(d) Regulation by Commission of consumer products in

accordance with other provisions of law.

(e) Transfer of personnel, property, records, etc.;

continued application of orders, rules, etc.

(f) ''Function'' defined.

2080. Limitations on jurisdiction of Consumer Product Safety

Commission.

(a) Authority to regulate.

(b) Certain notices of proposed rulemaking; duties of

Chronic Hazard Advisory Panel.

(c) Panel report; incorporation into advance notice

and final rule.

2081. Authorization of appropriations.

2082. Interim cellulose insulation safety standard.

(a) Applicability of specification of General

Services Administration; authority and effect

of interim standard; modifications; criteria;

labeling requirements.

(b) Scope of judicial review.

(c) Enforcement; violations; promulgation of final

standard; procedures applicable to

promulgation; revision of interim standard;

procedures applicable to revision.

(d) Reporting requirements of other Federal

departments, agencies, etc., of violations.

(e) Reporting requirements of Commission to

Congressional committees; contents, time of

submission, etc.

(f) Compliance with certification requirements;

implementation; waiver; rules and regulations.

(g) Authorization of appropriations.

2083. Congressional veto of consumer product safety rules.

(a) Transmission to Congress.

(b) Disapproval by concurrent resolution.

(c) Presumptions from Congressional action or

inaction.

(d) Continuous session of Congress.

2084. Information reporting.

(a) Notification of settlements or judgments.

(b) Calculation of 24-month periods.

(c) Information required to be reported.

(d) Report not deemed an admission of liability.

(e) Definitions.

2085. Low-speed electric bicycles.

(a) Construction.

(b) Definition.

(c) Promulgation of requirements.

(d) Preemption.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2055, 2219, 6004 of this

title; title 42 section 300j-22.

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15 USC Sec. 2051 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2051. Congressional findings and declaration of purpose

-STATUTE-

(a) The Congress finds that -

(1) an unacceptable number of consumer products which present

unreasonable risks of injury are distributed in commerce;

(2) complexities of consumer products and the diverse nature

and abilities of consumers using them frequently result in an

inability of users to anticipate risks and to safeguard

themselves adequately;

(3) the public should be protected against unreasonable risks

of injury associated with consumer products;

(4) control by State and local governments of unreasonable

risks of injury associated with consumer products is inadequate

and may be burdensome to manufacturers;

(5) existing Federal authority to protect consumers from

exposure to consumer products presenting unreasonable risks of

injury is inadequate; and

(6) regulation of consumer products the distribution or use of

which affects interstate or foreign commerce is necessary to

carry out this chapter.

(b) The purposes of this chapter are -

(1) to protect the public against unreasonable risks of injury

associated with consumer products;

(2) to assist consumers in evaluating the comparative safety of

consumer products;

(3) to develop uniform safety standards for consumer products

and to minimize conflicting State and local regulations; and

(4) to promote research and investigation into the causes and

prevention of product-related deaths, illnesses, and injuries.

-SOURCE-

(Pub. L. 92-573, Sec. 2, Oct. 27, 1972, 86 Stat. 1207.)

-MISC1-

EFFECTIVE DATE

Section 34 of Pub. L. 92-573 provided that: ''This Act (enacting

this chapter) shall take effect on the sixtieth day following the

date of its enactment (Oct. 27, 1972), except -

''(1) sections 4 and 32 (sections 2053 and 2081 of this title)

shall take effect on the date of enactment of this Act (Oct. 27,

1972), and

''(2) section 30 (section 2079 of this title) shall take effect

on the later of (A) 150 days after the date of enactment of this

Act (Oct. 27, 1972), or (B) the date on which at least three

members of the Commission first take office.''

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-608, Sec. 1, Nov. 16, 1990, 104 Stat. 3110, provided

that: ''This Act (enacting sections 2076a and 2084 of this title,

amending sections 1193, 1194, 1262, 1274, 2053, 2055, 2056, 2058,

2061, 2064, 2066, 2069, 2077, and 2081 of this title, and enacting

provisions set out as notes under sections 2053, 2054, 2056, 2076,

and 2084 of this title) may be cited as the 'Consumer Product

Safety Improvement Act of 1990'.''

SHORT TITLE OF 1981 AMENDMENT

Pub. L. 97-35, title XII, Sec. 1201(a), Aug. 13, 1981, 95 Stat.

703, provided that: ''This subtitle (subtitle A (Sec. 1201-1215) of

title XII of Pub. L. 97-35, enacting sections 1204, 1276, 2077, and

2083 of this title, amending sections 1193, 1201, 1262, 1263, 1274,

2052, 2054 to 2058, 2060, 2061, 2064, 2069, 2072, 2073, 2076, 2080,

and 2081 of this title, repealing sections 1204, 1475, 2059, 2062,

and 2077 of this title, and enacting provisions set out as a note

under section 2052 of this title) may be cited as the 'Consumer

Product Safety Amendments of 1981'.''

SHORT TITLE OF 1978 AMENDMENT

Pub. L. 95-319, Sec. 1, July 11, 1978, 92 Stat. 386, provided:

''That this Act (enacting section 2082 of this title, amending

section 2068 of this title, and enacting provision set out as a

note under section 2082 of this title) may be cited as the

'Emergency Interim Consumer Product Safety Standard Act of 1978'.''

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94-284, Sec. 1, May 11, 1976, 90 Stat. 503, provided

that: ''This Act (amending sections 1193, 1203, 1204, 1261, 1471,

1476, 2052, 2053, 2056, 2058 to 2060, 2064, 2068, 2069, 2071 to

2073, 2075, 2076, 2078, 2079, and 2081 of this title, and section

1114 of Title 18, Crimes and Criminal Procedure, and enacting

provisions set out as notes under sections 1193, 1261, and 2080 of

this title) may be cited as the 'Consumer Product Safety Commission

Improvements Act of 1976'.''

SHORT TITLE

Section 1 of Pub. L. 92-573 provided that: ''This Act (enacting

this chapter, amending sections 5314 and 5315 of Title 5,

Government Organization and Employees, and enacting provisions set

out as notes under this section) may be cited as the 'Consumer

Product Safety Act'.''

SEPARABILITY

Section 33 of Pub. L. 92-573 provided that: ''If any provision of

this Act (see Short Title note above), or the application of such

provision to any person or circumstances, shall be held invalid,

the remainder of this Act, or the application of such provisions to

persons or circumstances other than those as to which it is held

invalid, shall not be affected thereby.''

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15 USC Sec. 2052 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2052. Definitions

-STATUTE-

(a) For purposes of this chapter:

(1) The term ''consumer product'' means any article, or

component part thereof, produced or distributed (i) for sale to a

consumer for use in or around a permanent or temporary household

or residence, a school, in recreation, or otherwise, or (ii) for

the personal use, consumption or enjoyment of a consumer in or

around a permanent or temporary household or residence, a school,

in recreation, or otherwise; but such term does not include -

(A) any article which is not customarily produced or

distributed for sale to, or use or consumption by, or enjoyment

of, a consumer,

(B) tobacco and tobacco products,

(C) motor vehicles or motor vehicle equipment (as defined by

section 30102(a)(6) and (7) of title 49),

(D) pesticides (as defined by the Federal Insecticide,

Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.)),

(E) any article which, if sold by the manufacturer, producer,

or importer, would be subject to the tax imposed by section

4181 of the Internal Revenue Code of 1986 (26 U.S.C. 4181)

(determined without regard to any exemptions from such tax

provided by section 4182 or 4221, or any other provision of

such Code), or any component of any such article,

(F) aircraft, aircraft engines, propellers, or appliances (as

defined in section 40102(a) of title 49),

(G) boats which could be subjected to safety regulation under

chapter 43 of title 46; vessels, and appurtenances to vessels

(other than such boats), which could be subjected to safety

regulation under title 52 of the Revised Statutes or other

marine safety statutes administered by the department in which

the Coast Guard is operating; and equipment (including

associated equipment, as defined in section 2101(1) of title

46) to the extent that a risk of injury associated with the use

of such equipment on boats or vessels could be eliminated or

reduced by actions taken under any statute referred to in this

subparagraph,

(H) drugs, devices, or cosmetics (as such terms are defined

in sections 201(g), (h), and (i) of the Federal Food, Drug, and

Cosmetic Act (21 U.S.C. 321(g), (h), and (i))), or

(I) food. The term ''food'', as used in this subparagraph

means all ''food'', as defined in section 201(f) of the Federal

Food, Drug, and Cosmetic Act (21 U.S.C. 321(f)), including

poultry and poultry products (as defined in sections 4(e) and

(f) of the Poultry Products Inspection Act (21 U.S.C. 453(e)

and (f))), meat, meat food products (as defined in section 1(j)

of the Federal Meat Inspection Act (21 U.S.C. 601(j))), and

eggs and egg products (as defined in section 4 of the Egg

Products Inspection Act (21 U.S.C. 1033)).

Such term includes any mechanical device which carries or conveys

passengers along, around, or over a fixed or restricted route or

course or within a defined area for the purpose of giving its

passengers amusement, which is customarily controlled or directed

by an individual who is employed for that purpose and who is not

a consumer with respect to such device, and which is not

permanently fixed to a site. Such term does not include such a

device which is permanently fixed to a site. Except for the

regulation under this chapter or the Federal Hazardous Substances

Act (15 U.S.C. 1261 et seq.) of fireworks devices or any

substance intended for use as a component of any such device, the

Commission shall have no authority under the functions

transferred pursuant to section 2079 of this title to regulate

any product or article described in subparagraph (E) of this

paragraph or described, without regard to quantity, in section

845(a)(5) of title 18. See sections 2079(d) and 2080 of this

title, for other limitations on Commission's authority to

regulate certain consumer products.

(2) The term ''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.

(3) The term ''risk of injury'' means a risk of death, personal

injury, or serious or frequent illness.

(4) The term ''manufacturer'' means any person who manufactures

or imports a consumer product.

(5) The term ''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.

(6) The term ''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.

(7)(A) The term ''private labeler'' means an owner of a brand

or trademark on the label of a consumer product which bears a

private label.

(B) A consumer product bears a private label if (i) the product

(or its container) is labeled with the brand or trademark of a

person other than a manufacturer of the product, (ii) the person

with whose brand or trademark the product (or container) is

labeled has authorized or caused the product to be so labeled,

and (iii) the brand or trademark of a manufacturer of such

product does not appear on such label.

(8) The term ''manufactured'' means to manufacture, produce, or

assemble.

(9) The term ''Commission'' means the Consumer Product Safety

Commission, established by section 2053 of this title.

(10) The term ''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.

(11) The terms ''to distribute in commerce'' and ''distribution

in commerce'' mean to sell in commerce, to introduce or deliver

for introduction into commerce, or to hold for sale or

distribution after introduction into commerce.

(12) The term ''commerce'' means trade, traffic, commerce, or

transportation -

(A) between a place in a State and any place outside thereof,

or

(B) which affects trade, traffic, commerce, or transportation

described in subparagraph (A).

(13) The terms ''import'' and ''importation'' include

reimporting a consumer product manufactured or processed, in

whole or in part, in the United States.

(14) The term ''United States'', when used in the geographic

sense, means all of the States (as defined in paragraph (10)).

(b) A common carrier, contract carrier, or freight forwarder

shall not, for purposes of this chapter, be deemed to be a

manufacturer, distributor, or retailer of a consumer product solely

by reason of receiving or transporting a consumer product in the

ordinary course of its business as such a carrier or forwarder.

-SOURCE-

(Pub. L. 92-573, Sec. 3, Oct. 27, 1972, 86 Stat. 1208; Pub. L.

94-284, Sec. 3(b), (d), May 11, 1976, 90 Stat. 503; Pub. L. 97-35,

title XII, Sec. 1213, Aug. 13, 1981, 95 Stat. 724; Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Insecticide, Fungicide, and Rodenticide Act, referred

to in subsec. (a)(1)(D), is act June 25, 1947, ch. 125, as amended

generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, as

amended, which is classified generally to subchapter II (Sec. 136

et seq.) of chapter 6 of Title 7, Agriculture. For complete

classification of this Act to the Code, see Short Title note set

out under section 136 of Title 7 and Tables.

Title 52 of the Revised Statutes, referred to in subsec.

(a)(1)(G), consisted of R.S. Sec. 4399 to 4500, which were

classified to sections 170, 214, 215, 222, 224, 224a, 226, 228,

229, 230 to 234, 239, 240, 361, 362, 364, 371 to 373, 375 to 382,

384, 385, 391, 391a, 392 to 394, 399 to 404, 405 to 416, 435 to

440, 451 to 453, 460, 461 to 463, 464, 466, 467 to 482, and 489 to

498 of former Title 46, Shipping. For complete classification of

R.S. Sec. 4399 to 4500 to the Code, see Tables. A majority of such

sections of the Revised Statutes were repealed and various

provisions thereof were reenacted in Title 46, Shipping, by Pub. L.

98-89, Aug. 26, 1983, 97 Stat. 500. For disposition of sections of

former Title 46 into revised Title 46, Shipping, see Table at

beginning of Title 46.

The Federal Hazardous Substances Act, referred to in the

provisions following subsec. (a)(1)(I), is Pub. L. 86-613, July 12,

1960, 74 Stat. 372, as amended, which is classified generally to

chapter 30 (Sec. 1261 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1261 of this title and Tables.

For definition of Canal Zone, referred to in subsec. (a)(10), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

-COD-

CODIFICATION

In subsec. (a)(1)(C), (F), ''section 30102(a)(6) and (7) of title

49'' substituted for ''sections 102(3) and (4) of the National

Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1391(3) and

(4))'' and ''section 40102(a) of title 49'' substituted for

''section 101 of the Federal Aviation Act of 1958 (49 App. U.S.C.

1301)'' on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994,

108 Stat. 1378, the first section of which enacted subtitles II,

III, and V to X of Title 49, Transportation.

In subsec. (a)(1)(G), ''chapter 43 of title 46'' and ''section

2101(1) of title 46'' substituted for ''the Federal Boat Safety Act

of 1971 (46 U.S.C. 1451 et seq.)'' and ''section 3(8) of the

Federal Boat Safety Act of 1971 (46 U.S.C. 1452(8))'',

respectively, on authority of Pub. L. 98-89, Sec. 2(b), Aug. 26,

1983, 97 Stat. 598, section 1 of which enacted Title 46, Shipping.

-MISC3-

AMENDMENTS

1986 - Subsec. (a)(1)(E). Pub. L. 99-514 substituted ''Internal

Revenue Code of 1986'' for ''Internal Revenue Code of 1954''.

1981 - Subsec. (a)(1). Pub. L. 97-35 inserted provisions that

term ''consumer product'' includes any mechanical device which

carries or conveys passengers along, around, or over a fixed or

restricted route or course or within a defined area for the purpose

of giving its passengers amusement, which is customarily controlled

or directed by an individual who is employed for that purpose and

who is not a consumer with respect to such device, and which is not

permanently fixed to a site and that such term does not include

such a device which is permanently fixed to a site.

1976 - Subsec. (a)(1). Pub. L. 94-284 substituted in subpar. (D)

''pesticides'' for ''economic poisons'', and in provision following

subpar. (I) ''other limitations'' for ''limitations'', and inserted

provision which limited the authority of the Commission to regulate

any product or article described in subpar. (E).

EFFECTIVE DATE OF 1981 AMENDMENT

Section 1215 of Pub. L. 97-35 provided that:

''(a) Except as provided in subsection (b), the amendments made

by this subtitle (see Short Title of 1981 Amendment note set out

under section 2051 of this title) shall take effect on the date of

the enactment of this Act (Aug. 13, 1981).

''(b) The amendments made by section 1207 (enacting sections

1204, 1276, and 2083 of this title and amending section 2076 of

this title) shall apply with respect to consumer product safety

rules under the Consumer Product Safety Act (this chapter) and

regulations under the Federal Hazardous Substances Act (section

1261 et seq. of this title) and the Flammable Fabrics Act (section

1191 et seq. of this title) promulgated by the Consumer Product

Safety Commission after the date of the enactment of this Act (Aug.

13, 1981); and the amendments made by sections 1202, 1203, and 1206

of this subtitle (enacting section 2077 of this title and amending

sections 1193, 1262, 2056, 2057, 2058, and 2080 of this title)

shall apply with respect to regulations under the Consumer Product

Safety Act, the Federal Hazardous Substances Act, and the Flammable

Fabrics Act for which notices of proposed rulemaking are issued

after August 14, 1981.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2085 of this title.

-CITE-

15 USC Sec. 2053 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2053. Consumer Product Safety Commission

-STATUTE-

(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.

-SOURCE-

(Pub. L. 92-573, Sec. 4, Oct. 27, 1972, 86 Stat. 1210; Pub. L.

94-284, Sec. 4, 5(a), May 11, 1976, 90 Stat. 504; Pub. L. 95-631,

Sec. 2, Nov. 10, 1978, 92 Stat. 3742; Pub. L. 96-373, Oct. 3, 1980,

94 Stat. 1366; Pub. L. 101-608, title I, Sec. 102-105(a), Nov. 16,

1990, 104 Stat. 3110, 3111.)

-COD-

CODIFICATION

Subsec. (h) of this section amended sections 5314 and 5315 of

Title 5, Government Organization and Employees.

-MISC3-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-608, Sec. 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). Pub. L. 101-608, Sec. 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). Pub. L. 101-608, Sec. 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). Pub. L. 101-608, Sec. 105(a), added subsec. (j).

1980 - Subsec. (g)(2). Pub. 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). Pub. L. 95-631, Sec. 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). Pub. L. 95-631, Sec. 2(b), 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). Pub. L. 94-284, Sec. 4(a), added par. (3).

Subsec. (g). Pub. L. 94-284, Sec. 4(b), substituted ''regular''

for ''full-time'' before ''officer or employee of the Commission''

and added pars. (3) and (4).

Subsec (i). Pub. L. 94-284, Sec. 5, added subsec. (i).

EFFECTIVE DATE OF 1990 AMENDMENT

Section 105(b) of Pub. L. 101-608 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 Pub. L.

92-573, set out as a note under section 2051 of this title.

REDUCTION IN NUMBER OF COMMISSIONERS

Pub. L. 102-389, title III, Oct. 6, 1992, 106 Stat. 1596,

provided in part: ''That funds shall 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''.

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, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2052, 2081 of this title.

-CITE-

15 USC Sec. 2054 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2054. Product safety information and research

-STATUTE-

(a) Injury Information Clearinghouse; duties

The Commission shall -

(1) maintain an Injury Information Clearinghouse to collect,

investigate, analyze, and disseminate injury data, and

information, relating to the causes and prevention of death,

injury, and illness associated with consumer products;

(2) conduct such continuing studies and investigations of

deaths, injuries, diseases, other health impairments, and

economic losses resulting from accidents involving consumer

products as it deems necessary;

(3) following publication of an advance notice of proposed

rulemaking or a notice of proposed rulemaking for a product

safety rule under any rulemaking authority administered by the

Commission, assist public and private organizations or groups of

manufacturers, administratively and technically, in the

development of safety standards addressing the risk of injury

identified in such notice; and

(4) to the extent practicable and appropriate (taking into

account the resources and priorities of the Commission), assist

public and private organizations or groups of manufacturers,

administratively and technically, in the development of product

safety standards and test methods.

(b) Research, investigation and testing of consumer products

The Commission may -

(1) conduct research, studies, and investigations on the safety

of consumer products and on improving the safety of such

products;

(2) test consumer products and develop product safety test

methods and testing devices; and

(3) offer training in product safety investigation and test

methods.

(c) Grants and contracts for conduct of functions

In carrying out its functions under this section, the Commission

may make grants or enter into contracts for the conduct of such

functions with any person (including a governmental entity).

(d) Availability to public of information

Whenever the Federal contribution for any information, research,

or development activity authorized by this chapter is more than

minimal, the Commission shall include in any contract, grant, or

other arrangement for such activity, provisions effective to insure

that the rights to all information, uses, processes, patents, and

other developments resulting from that activity will be made

available to the public without charge on a nonexclusive basis.

Nothing in this subsection shall be construed to deprive any person

of any right which he may have had, prior to entering into any

arrangement referred to in this subsection, to any patent, patent

application, or invention.

-SOURCE-

(Pub. L. 92-573, Sec. 5, Oct. 27, 1972, 86 Stat. 1211; Pub. L.

97-35, title XII, Sec. 1209(a), (b), Aug. 13, 1981, 95 Stat. 720.)

-MISC1-

AMENDMENTS

1981 - Subsec. (a)(3), (4). Pub. L. 97-35, Sec. 1209(a), added

pars. (3) and (4).

Subsec. (b)(3). Pub. L. 97-35, Sec. 1209(b), struck out provision

that the Commission may assist public and private organizations,

administratively and technically, in the development of safety

standards and test methods.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35, effective Aug. 13, 1981, see section

1215 of Pub. L. 97-35, set out as a note under section 2052 of this

title.

STUDY OF AVERSIVE AGENTS

Pub. L. 101-608, title II, Sec. 204, Nov. 16, 1990, 104 Stat.

3124, provided that: ''The Consumer Product Safety Commission shall

conduct a study of requiring manufacturers of consumer products to

include aversive agents, as appropriate, in products which present

a hazard if ingested to determine the potential effectiveness of

the aversive agents in deterring ingestion. In conducting the

study, the Commission shall consult with appropriate consumer,

health, and business organizations and appropriate government

agencies. The Commission shall report to Congress the status of

the study within one year of the date of the enactment of this Act

(Nov. 16, 1990) and shall complete the study not later than 2 years

after such date of enactment.''

FIRE SAFE CIGARETTE ACT OF 1990

Pub. L. 101-352, Aug. 10, 1990, 104 Stat. 405, provided that:

''SECTION 1. SHORT TITLE; FINDINGS.

''(a) Short Title. - This Act may be cited as the 'Fire Safe

Cigarette Act of 1990'.

''(b) Findings. - The Congress finds that -

''(1) cigarette-ignited fires are the leading cause of fire

deaths in the United States,

''(2) in 1987, there were 1,492 deaths from cigarette-ignited

fires, 3,809 serious injuries, and $395,000,000 in property

damage caused by such fires,

''(3) the final report of the Technical Study Group on

Cigarette and Little Cigar Fire Safety under the Cigarette Safety

Act of 1984 (set out below) determined that (A) it is technically

feasible and may be commercially feasible to develop a cigarette

that will have a significantly reduced propensity to ignite

furniture and mattresses, and (B) the overall impact on other

aspects of the United States society and economy may be minimal,

''(4) the final report of the Technical Study Group on

Cigarette and Little Cigar Fire Safety under the Cigarette Safety

Act of 1984 further determined that the value of a cigarette with

less of a likelihood to ignite furniture and mattresses which

would prevent property damage and personal injury and loss of

life is economically incalculable,

''(5) it is appropriate for the Congress to require by law the

completion of the research described in the final report of the

Technical Study Group on Cigarette and Little Cigar Fire Safety

and an assessment of the practicability of developing a

performance standard to reduce cigarette ignition propensity, and

''(6) it is appropriate for the Consumer Product Safety

Commission to utilize its expertise to complete the

recommendations for further work and report to Congress in a

timely fashion.

''SEC. 2. COMPLETION OF FIRE SAFETY RESEARCH.

''(a) Center for Fire Research. - At the request of the Consumer

Product Safety Commission, the National Institute for Standards and

Technology's Center for Fire Research shall -

''(1) develop a standard test method to determine cigarette

ignition propensity,

''(2) compile performance data for cigarettes using the

standard test method developed under paragraph (1), and

''(3) conduct laboratory studies on and computer modeling of

ignition physics to develop valid, user-friendly predictive

capability.

The Commission shall make such request not later than the

expiration of 30 days after the date of the enactment of this Act

(Aug. 10, 1990).

''(b) Commission. - The Consumer Product Safety Commission shall

-

''(1) design and implement a study to collect baseline and

followup data about the characteristics of cigarettes, products

ignited, and smokers involved in fires, and

''(2) develop information on societal costs of

cigarette-ignited fires.

''(c) Health and Human Services. - The Consumer Product Safety

Commission, in consultation with the Secretary of Health and Human

Services, shall develop information on changes in the toxicity of

smoke and resultant health effects from cigarette prototypes. The

Commission shall not obligate more than $50,000 to develop such

information.

''SEC. 3. ADVISORY GROUP.

''(a) Establishment. - There is established the Technical

Advisory Group to advise and work with the Consumer Product Safety

Commission and National Institute for Standards and Technology's

Center for Fire Research on the implementation of this Act. The

Technical Advisory Group may hold hearings to develop information

to carry out its functions. The Technical Advisory Group shall

terminate 1 month after the submission of the final report of the

Chairman of the Consumer Product Safety Commission under section 4.

''(b) Members. - The Technical Advisory Group shall consist of

the same individuals appointed to the Technical Study Group on

Cigarette and Little Cigar Fire Safety under section 3(a) of the

Cigarette Safety Act of 1984 (set out below). If such an

individual is unavailable to serve on the Technical Advisory Group,

the entity which such individual represented on such Technical

Study Group shall submit to the Chairman of the Consumer Product

Safety Commission the name of another individual to be appointed by

the Chairman to represent such group on the Technical Advisory

Group.

''SEC. 4. REPORTS.

''The Chairman of the Consumer Product Safety Commission, in

consultation with the Technical Advisory Group, shall submit to

Congress three reports on the activities undertaken under section 2

as follows: The first such report shall be made not later than 13

months after the date of the enactment of this Act (Aug. 10, 1990),

the second such report shall be made not later than 25 months after

such date, and the final such report shall be made not later than

36 months after such date.

''SEC. 5. CONFIDENTIALITY.

''(a) In General. - Any information provided to the National

Institute for Standards and Technology's Center for Fire Research,

to the Consumer Product Safety Commission, or to the Technical

Advisory Group under section 2 which is designated as trade secret

or confidential information shall be treated as trade secret or

confidential information subject to section 552(b)(4) of title 5,

United States Code, and section 1905 of title 18, United States

Code, and shall not be revealed, except as provided under

subsection (b). No member or employee of the Center for Fire

Research, the Consumer Product Safety Commission, or the Technical

Advisory Group and no person assigned to or consulting with the

Center for Fire Research, the Consumer Product Safety Commission,

or the Technical Advisory Group, shall disclose any such

information to any person who is not a member or employee of,

assigned to, or consulting with, the Center for Fire Research,

Consumer Product Safety Commission, or the Technical Advisory Group

unless the person submitting such information specifically and in

writing authorizes such disclosure.

''(b) Construction. - Subsection (a) does not authorize the

withholding of any information from any duly authorized

subcommittee or committee of the Congress, except that if a

subcommittee or committee of the Congress requests the Consumer

Product Safety Commission, the National Institute for Standards and

Technology's Center for Fire Research, or the Technical Advisory

Group to provide such information, the Commission, the Center for

Fire Research, or Technical Advisory Group shall notify the person

who provided the information of such a request in writing.''

ADDITIONAL REPORTING TIME

Pub. L. 99-500, Sec. 110, Oct. 18, 1986, 100 Stat. 1783-348, and

Pub. L. 99-591, Sec. 110, Oct. 30, 1986, 100 Stat. 3341-348,

provided that: ''The Interagency Committee on Cigarette and Little

Cigar Fire Safety, established pursuant to Public Law 98-567 (set

out as a note below), shall have an additional six months to

complete its final technical report and submit policy

recommendations to the Congress.''

CIGARETTE SAFETY ACT OF 1984

Pub. L. 98-567, Oct. 30, 1984, 98 Stat. 2925, as amended by Pub.

L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433,

provided: ''That this Act may be cited as the 'Cigarette Safety Act

of 1984'.

''Sec. 2. (a) There is established the Interagency Committee on

Cigarette and Little Cigar Fire Safety (hereinafter in this Act

referred to as the 'Interagency Committee') which shall consist of

-

''(1) the Chairman of the Consumer Product Safety Commission,

who shall be the Chairman of the Interagency Committee;

''(2) the United States Fire Administrator in the Federal

Emergency Management Agency, who shall be the Vice Chairman of

the Interagency Committee; and

''(3) the Assistant Secretary of Health in the Department of

Health and Human Services.

''(b) The Interagency Committee shall direct, oversee, and review

the work of the Technical Study Group on Cigarette and Little Cigar

Fire Safety (established under section 3) conducted under section 4

and shall make such policy recommendations to the Congress as it

deems appropriate. The Interagency Committee may retain and

contract with such consultants as it deems necessary to assist the

Study Group in carrying out its functions under section 4. The

Interagency Committee may request the head of any Federal

department or agency to detail any of the personnel of the

department or agency to assist the Interagency Committee or the

Study Group in carrying out its responsibilities. The authority of

the Interagency Committee to enter into contracts shall be

effective for any fiscal year only to such extent or in such

amounts as are provided in advance by appropriation Acts.

''(c) For the purpose of carrying out section 4, the Interagency

Committee or the Study Group, with the advice and consent of the

Interagency Committee, may hold such hearings, sit and act at such

times and places, take such testimony, and receive such evidence,

as the Interagency Committee or the Study Group considers

appropriate.

''Sec. 3. (a) There is established the Technical Study Group on

Cigarette and Little Cigar Fire Safety (hereinafter in this Act

referred to as the 'Study Group') which shall consist of -

''(1) one scientific or technical representative each from the

Consumer Product Safety Commission, the Center for Fire Research

of the National Institute of Standards and Technology, the

National Cancer Institute, the Federal Trade Commission, and the

Federal Emergency Management Agency, the appointment of whom

shall be made by the heads of those agencies;

''(2) four scientific or technical representatives appointed by

the Chairman of the Interagency Committee, by and with the advice

and consent of the Interagency Committee, from a list of

individuals submitted by the Tobacco Institute;

''(3) two scientific or technical representatives appointed by

the Chairman of the Interagency Committee, by and with the advice

and consent of the Interagency Committee, who are selected from

lists of individuals submitted by the following organizations:

the American Burn Association, the American Public Health

Association, and the American Medical Association;

''(4) two scientific or technical representatives appointed by

the Chairman of the Interagency Committee, by and with the advice

and consent of the Interagency Committee, who are selected from

lists of individuals submitted by the following organizations:

the National Fire Protection Association, the International

Association of Fire Chiefs, the International Association of Fire

Fighters, the International Society of Fire Service Instructors,

and the National Volunteer Fire Council; and

''(5) one scientific or technical representative appointed by

the Chairman of the Interagency Committee, by and with the advice

and consent of the Interagency Committee, from lists of

individuals submitted by the Business and Institutional Furniture

Manufacturers Association and one scientific or technical

representative appointed by the Chairman, by and with the advice

and consent of the Interagency Committee, from lists of

individuals submitted by the American Furniture Manufacturers

Association.

''(b) The persons appointed to serve on the Study Group may

designate, with the advice and consent of the Interagency

Committee, from among their number such persons to serve as team

leaders, coordinators, or chairpersons as they deem necessary or

appropriate to carry out the Study Group's functions under section

4.

''Sec. 4. The Study Group shall undertake, subject to oversight

and review by the Interagency Committee, such studies and other

activities as it considers necessary and appropriate to determine

the technical and commercial feasibility, economic impact, and

other consequences of developing cigarettes and little cigars that

will have a minimum propensity to ignite upholstered furniture or

mattresses. Such activities include identification of the

different physical characteristics of cigarettes and little cigars

which have an impact on the ignition of upholstered furniture and

mattresses, an analysis of the feasibility of altering any

pertinent characteristics to reduce ignition propensity, and an

analysis of the possible costs and benefits, both to the industry

and the public, associated with any such product modification.

''Sec. 5. The Interagency Committee shall submit one year after

the date of enactment of this Act (Oct. 30, 1984) a status report

to the Senate and the House of Representatives describing the

activities undertaken under section 4 during the preceding year.

The Interagency Committee shall submit a final technical report,

prepared by the Study Group, to the Senate and the House of

Representatives not later than thirty months after the date of

enactment of this Act (Oct. 30, 1984). The Interagency Committee

shall provide to the Congress, within sixty days after the

submission of the final technical report, any policy

recommendations the Interagency Committee deems appropriate. The

Interagency Committee and the Study Group shall terminate one month

after submission of the policy recommendations prescribed by this

section.

''Sec. 6. (a) Any information provided to the Interagency

Committee or to the Study Group under section 4 which is designated

as trade secret or confidential information shall be treated as

trade secret or confidential information subject to section

552(b)(4) of title 5, United States Code, and section 1905 of title

18, United States Code, and shall not be revealed, except as

provided under subsection (b). No member of the Study Group or

Interagency Committee, and no person assigned to or consulting with

the Study Group, shall disclose any such information to any person

who is not a member of, assigned to, or consulting with, the Study

Group or Interagency Committee unless the person submitting such

information specifically and in writing authorizes such disclosure.

''(b) Subsection (a) does not authorize the withholding of any

information from any duly authorized subcommittee or committee of

the Congress, except that if a subcommittee or committee of the

Congress requests the Interagency Committee to provide such

information, the Chairman of the Interagency Committee shall notify

the person who provided the information of such a request in

writing.

''(c) The Interagency Committee shall, on the vote of a majority

of its members, adopt reasonable procedures to protect the

confidentiality of trade secret and confidential information, as

defined in this section.

''Sec. 7. As used in this Act, the terms 'cigarettes' and 'little

cigars' have the meanings given such terms by section 3 of the

Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1332).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1193, 1262, 2058 of this

title; title 35 section 210.

-CITE-

15 USC Sec. 2055 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2055. Public disclosure of information

-STATUTE-

(a) Disclosure requirements for manufacturers or private labelers;

procedures applicable

(1) Nothing contained in this Act shall be construed to require

the release of any information described by subsection (b) of

section 552 of title 5 or which is otherwise protected by law from

disclosure to the public.

(2) All information reported to or otherwise obtained by the

Commission or its representative under this Act which information

contains or relates to a trade secret or other matter referred to

in section 1905 of title 18 or subject to section 552(b)(4) of

title 5 shall be considered confidential and shall not be

disclosed.

(3) The Commission shall, prior to the disclosure of any

information which will permit the public to ascertain readily the

identity of a manufacturer or private labeler of a consumer

product, offer such manufacturer or private labeler an opportunity

to mark such information as confidential and therefore barred from

disclosure under paragraph (2).

(4) All information that a manufacturer or private labeler has

marked to be confidential and barred from disclosure under

paragraph (2), either at the time of submission or pursuant to

paragraph (3), shall not be disclosed, except in accordance with

the procedures established in paragraphs (5) and (6).

(5) If the Commission determines that a document marked as

confidential by a manufacturer or private labeler to be barred from

disclosure under paragraph (2) may be disclosed because it is not

confidential information as provided in paragraph (2), the

Commission shall notify such person in writing that the Commission

intends to disclose such document at a date not less than 10 days

after the date of receipt of notification.

(6) Any person receiving such notification may, if he believes

such disclosure is barred by paragraph (2), before the date set for

release of the document, bring an action in the district court of

the United States in the district in which the complainant resides,

or has his principal place or business, or in which the documents

are located, or in the United States District Court for the

District of Columbia to restrain disclosure of the document. Any

person receiving such notification may file with the appropriate

district court or court of appeals of the United States, as

appropriate, an application for a stay of disclosure. The

documents shall not be disclosed until the court has ruled on the

application for a stay.

(7) Nothing in this Act shall authorize the withholding of

information by the Commission or any officer or employee under its

control from the duly authorized committees or subcommittees of the

Congress, and the provisions of paragraphs (2) through (6) shall

not apply to such disclosures, except that the Commission shall

immediately notify the manufacturer or private labeler of any such

request for information designated as confidential by the

manufacturer or private labeler.

(8) The provisions of paragraphs (2) through (6) shall not

prohibit the disclosure of information to other officers,

employees, or representatives of the Commission (including

contractors) concerned with carrying out this Act or when relevant

in any administrative proceeding under this Act or in judicial

proceedings to which the Commission is a party. Any disclosure of

relevant information -

(A) in Commission administrative proceedings or in judicial

proceedings to which the Commission is a party, or

(B) to representatives of the Commission (including

contractors),

shall be governed by the rules of the Commission (including in

camera review rules for confidential material) for such proceedings

or for disclosures to such representatives or by court rules or

orders, except that the rules of the Commission shall not be

amended in a manner inconsistent with the purposes of this section.

(b) Additional disclosure requirements for manufacturers or private

labelers; procedures applicable

(1) Except as provided by paragraph (4) of this subsection, not

less than 30 days prior to its public disclosure of any information

obtained under this Act, or to be disclosed to the public in

connection therewith (unless the Commission finds that the public

health and safety requires a lesser period of notice and publishes

such a finding in the Federal Register), the Commission shall, to

the extent practicable, notify and provide a summary of the

information to, each manufacturer or private labeler of any

consumer product to which such information pertains, if the manner

in which such consumer product is to be designated or described in

such information will permit the public to ascertain readily the

identity of such manufacturer or private labeler, and shall provide

such manufacturer or private labeler with a reasonable opportunity

to submit comments to the Commission in regard to such

information. The Commission shall take reasonable steps to assure,

prior to its public disclosure thereof, that information from which

the identity of such manufacturer or private labeler may be readily

ascertained is accurate, and that such disclosure is fair in the

circumstances and reasonably related to effectuating the purposes

of this Act. In disclosing any information under this subsection,

the Commission may, and upon the request of the manufacturer or

private labeler shall, include with the disclosure any comments or

other information or a summary thereof submitted by such

manufacturer or private labeler to the extent permitted by and

subject to the requirements of this section.

(2) If the Commission determines that a document claimed to be

inaccurate by a manufacturer or private labeler under paragraph (1)

should be disclosed because the Commission believes it has complied

with paragraph (1), the Commission shall notify the manufacturer or

private labeler that the Commission intends to disclose such

document at a date not less than 10 days after the date of the

receipt of notification. The Commission may provide a lesser

period of notice of intent to disclose if the Commission finds that

the public health and safety requires a lesser period of notice and

publishes such finding in the Federal Register.

(3) Prior to the date set for release of the document, the

manufacturer or private labeler receiving the notice described in

paragraph (2) may bring an action in the district court of the

United States in the district in which the complainant resides, or

has his principal place of business, or in which the documents are

located or in the United States District Court for the District of

Columbia to enjoin disclosure of the document. The district court

may enjoin such disclosure if the Commission has failed to take the

reasonable steps prescribed in paragraph (1).

(4) Paragraphs (1) through (3) of this subsection shall not apply

to the public disclosure of (A) information about any consumer

product with respect to which product the Commission has filed an

action under section 2061 of this title (relating to imminently

hazardous products), or which the Commission has reasonable cause

to believe is in violation of section 2068 of this title (relating

to prohibited acts); or (B) information in the course of or

concerning a rulemaking proceeding (which shall commence upon the

publication of an advance notice of proposed rulemaking or a notice

of proposed rulemaking), an adjudicatory proceeding (which shall

commence upon the issuance of a complaint) or other administrative

or judicial proceeding under this Act.

(5) In addition to the requirements of paragraph (1), the

Commission shall not disclose to the public information submitted

pursuant to section 2064(b) of this title respecting a consumer

product unless -

(A) the Commission has issued a complaint under section 2064(c)

or (d) of this title alleging that such product presents a

substantial product hazard;

(B) in lieu of proceeding against such product under section

2064(c) or (d) of this title, the Commission has accepted in

writing a remedial settlement agreement dealing with such

product; or

(C) the person who submitted the information under section

2064(b) of this title agrees to its public disclosure.

The provisions of this paragraph shall not apply to the public

disclosure of information with respect to a consumer product which

is the subject of an action brought under section 2061 of this

title, or which the Commission has reasonable cause to believe is

in violation of section 2068(a) of this title, or information in

the course of or concerning a judicial proceeding.

(6) Where the Commission initiates the public disclosure of

information that reflects on the safety of a consumer product or

class of consumer products, whether or not such information would

enable the public to ascertain readily the identity of a

manufacturer or private labeler, the Commission shall establish

procedures designed to ensure that such information is accurate and

not misleading.

(7) If the Commission finds that, in the administration of this

Act, it has made public disclosure of inaccurate or misleading

information which reflects adversely upon the safety of any

consumer product or class of consumer products, or the practices of

any manufacturer, private labeler, distributor, or retailer of

consumer products, it shall, in a manner equivalent to that in

which such disclosure was made, take reasonable steps to publish a

retraction of such inaccurate or misleading information.

(8) If, after the commencement of a rulemaking or the initiation

of an adjudicatory proceeding, the Commission decides to terminate

the proceeding before taking final action, the Commission shall, in

a manner equivalent to that in which such commencement or

initiation was publicized, take reasonable steps to make known the

decision to terminate.

(c) Communications with manufacturers

The Commission shall communicate to each manufacturer of a

consumer product, insofar as may be practicable, information as to

any significant risk of injury associated with such product.

(d) ''Act'' defined; coverage

(1) For purposes of this section, the 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.).

(2) The provisions of this section shall apply whenever

information is to be disclosed by the Commission, any member of the

Commission, or any employee, agent, or representative of the

Commission in an official capacity.

(e) Disclosure of information regarding civil actions involving

consumer product alleged to have caused death or injury

(1) Notwithstanding the provisions of section 552 of title 5,

subsection (a)(7) of this section, or of any other law, except as

provided in paragraphs (2), (3), and (4), no member of the

Commission, no officer or employee of the Commission, and no

officer or employee of the Department of Justice may -

(A) publicly disclose information furnished under subsection

(c)(1) or (c)(2)(A) of section 2084 of this title;

(B) use such information for any purpose other than to carry

out the Commission's responsibilities; or

(C) permit anyone (other than the members, officers, and

employees of the Commission or officers or employees of the

Department of Justice who require such information for an action

filed on behalf of the Commission) to examine such information.

(2) Any report furnished under subsection (c)(1) or (c)(2)(A) of

section 2084 of this title shall be immune from legal process and

shall not be subject to subpoena or other discovery in any civil

action in a State or Federal court or in any administrative

proceeding, except in an action against such manufacturer under

section 2069, 2070, or 2071 of this title for failure to furnish

information required by section 2084 of this title.

(3) The Commission may, upon written request, furnish to any

manufacturer or to the authorized agent of such manufacturer

authenticated copies of reports furnished by or on behalf of such

manufacturer in accordance with section 2084 of this title, upon

payment of the actual or estimated cost of searching the records

and furnishing such copies.

(4) Upon written request of the Chairman or Ranking Minority

Member of the Committee on Commerce, Science, and Transportation of

the Senate or the Committee on Energy and Commerce of the House of

Representatives or any subcommittee of such committee, the

Commission shall provide to the Chairman or Ranking Minority Member

any information furnished to the Commission under section 2084 of

this title for purposes that are related to the jurisdiction of

such committee or subcommittee.

(5) Any officer or employee of the Commission or other officer or

employee of the Federal Government who receives information

provided under section 2084 of this title, who willfully violates

the requirements of this subsection shall be subject to dismissal

or other appropriate disciplinary action consistent with procedures

and requirements established by the Office of Personnel Management.

-SOURCE-

(Pub. L. 92-573, Sec. 6, Oct. 27, 1972, 86 Stat. 1212; Pub. L.

97-35, title XII, Sec. 1204, Aug. 13, 1981, 95 Stat. 713; Pub. L.

97-414, Sec. 9(j)(1), Jan. 4, 1983, 96 Stat. 2064; Pub. L. 101-608,

title I, Sec. 106, 112(c), Nov. 16, 1990, 104 Stat. 3111, 3116.)

-REFTEXT-

REFERENCES IN TEXT

The Consumer Product Safety Act, referred to in subsec. (d)(1),

is Pub. L. 92-573, Oct. 27, 1972, 86 Stat. 1207, as amended, which

is classified generally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 2051 of this title and Tables.

The Flammable Fabrics Act, referred to in subsec. (d)(1), is act

June 30, 1953, ch. 164, 67 Stat. 111, as amended, which is

classified generally to chapter 25 (Sec. 1191 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1191 of this title and

Tables.

The Poison Prevention Packaging Act, referred to in subsec.

(d)(1), probably means the Poison Prevention Packaging Act of 1970,

Pub. L. 91-601, Dec. 30, 1970, 84 Stat. 1670, as amended, which is

classified generally to chapter 39A (Sec. 1471 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1471 of this title and

Tables.

The Federal Hazardous Substances Act, referred to in subsec.

(d)(1), is Pub. L. 86-613, July 12, 1960, 74 Stat. 372, as amended,

which is classified generally to chapter 30 (Sec. 1261 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1261 of this title and

Tables.

-MISC2-

AMENDMENTS

1990 - Subsec. (a)(8). Pub. L. 101-608, Sec. 106, amended par.

(8) generally. Prior to amendment, par. (8) read as follows: ''The

provisions of paragraphs (2) through (6) shall not prohibit the

disclosure of information to other officers or employees concerned

with carrying out this Act or when relevant in any administrative

proceeding under this Act, or in judicial proceedings to which the

Commission is a party. Any disclosure of relevant information in

Commission administrative proceedings, or in judicial proceedings

to which the Commission is a party, shall be governed by the rules

of the Commission (including in camera review rules for

confidential material) for such proceedings or by court rules or

orders, except that the rules of the Commission shall not be

amended in a manner inconsistent with the purposes of this

section.''

Subsec. (e). Pub. L. 101-608, Sec. 112(c), added subsec. (e).

1983 - Subsec. (b)(1). Pub. L. 97-414 substituted ''paragraph

(4)'' for ''paragraph (2)''.

1981 - Subsec. (a)(1). Pub. L. 97-35 amended par. (1) generally,

substituting ''shall be construed'' for ''shall be deemed''.

Subsec. (a)(2). Pub. L. 97-35 amended par. (2) generally,

substituting ''title 18, or subject to section 552(b)(4) of title

5, shall be considered confidential and shall not be disclosed''

for ''title 18 shall be considered confidential and shall not be

disclosed, except that such information may be disclosed to other

officers or employees concerned with carrying out this chapter or

when relevant in any proceeding under this chapter. Nothing in

this chapter shall authorize the withholding of information by the

Commission or any officer or employee under its control from the

duly authorized committees of the Congress''.

Subsec. (a)(3) to (8). Pub. L. 97-35 added pars. (3) to (8).

Subsec. (b)(1). Pub. L. 97-35 amended par. (1) generally,

substituting ''notice and publishes such a finding in the Federal

Register),'' for ''notice),'', and ''In disclosing any information

under this subsection, the Commission may, and upon the request of

the manufacturer or private labeler shall, include with the

disclosure any comments or other information or a summary thereof

submitted by such manufacturer or private labeler to the extent

permitted by and subject to the requirements of this section'' for

''If the Commission finds that, in the administration of this

chapter, it has made public disclosure of inaccurate or misleading

information which reflects adversely upon the safety of any

consumer product, or the practices of any manufacturer, private

labeler, distributor, or retailer of consumer products, it shall,

in a manner similar to that in which such disclosure was made,

publish a retraction of such inaccurate or misleading

information''.

Subsec. (b)(2) to (4). Pub. L. 97-35 added pars. (2) and (3),

redesignated former par. (2) as (4) and substituted ''Paragraphs

(1) through (3) of this subsection'' for ''Paragraph (1) (except

for the last sentence thereof)'' and ''a rulemaking proceeding

(which shall commence upon the publication of an advance notice of

proposed rulemaking or a notice of proposed rulemaking), an

adjudicatory proceeding (which shall commence upon the issuance of

a complaint) or other administrative or judicial proceeding under

this chapter'' for ''any administrative or judicial proceeding

under this chapter''.

Subsec. (b)(5) to (8). Pub. L. 97-35 added pars. (5) to (8).

Subsecs. (c), (d). Pub. L. 97-35 reenacted subsec. (c) without

change and added subsec. (d).

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC4-

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section

1215 of Pub. L. 97-35, set out as a note under section 2052 of this

title.

CONFIDENTIALITY PROTECTIONS FOR INFORMATION REPORTED ON INCIDENTS

OF CHILDREN CHOKING

For purposes of subsection (b)(5) of this section, information

reported to Consumer Product Safety Commission on incidents of

children choking on a marble, small ball, latex balloon, or other

small part contained in a toy or game, to be treated as information

submitted pursuant to section 2064(b) of this title, see section

102 of Pub. L. 103-267, set out as a Reporting Requirements note

under section 2064 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2074, 2077, 2078 of this

title.

-CITE-

15 USC Sec. 2056 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2056. Consumer product safety standards

-STATUTE-

(a) Types of requirements

The Commission may promulgate consumer product safety standards

in accordance with the provisions of section 2058 of this title. A

consumer product safety standard shall consist of one or more of

any of the following types of requirements:

(1) Requirements expressed in terms of performance

requirements.

(2) Requirements that a consumer product be marked with or

accompanied by clear and adequate warnings or instructions, or

requirements respecting the form of warnings or instructions.

Any requirement of such a standard shall be reasonably necessary to

prevent or reduce an unreasonable risk of injury associated with

such product.

(b) Reliance of Commission upon voluntary standards

(1) The Commission shall rely upon voluntary consumer product

safety standards rather than promulgate a consumer product safety

standard prescribing requirements described in subsection (a) of

this section whenever compliance with such voluntary standards

would eliminate or adequately reduce the risk of injury addressed

and it is likely that there will be substantial compliance with

such voluntary standards.

(2) The Commission shall devise procedures to monitor compliance

with any voluntary standards -

(A) upon which the Commission has relied under paragraph (1);

(B) which were developed with the participation of the

Commission; or

(C) whose development the Commission has monitored.

(c) Contribution of Commission to development cost

If any person participates with the Commission in the development

of a consumer product safety standard, the Commission may agree to

contribute to the person's cost with respect to such participation,

in any case in which the Commission determines that such

contribution is likely to result in a more satisfactory standard

than would be developed without such contribution, and that the

person is financially responsible. Regulations of the Commission

shall set forth the items of cost in which it may participate, and

shall exclude any contribution to the acquisition of land or

buildings. Payments under agreements entered into under this

subsection may be made without regard to section 3324(a) and (b) of

title 31.

-SOURCE-

(Pub. L. 92-573, Sec. 7, Oct. 27, 1972, 86 Stat. 1212; Pub. L.

94-284, Sec. 6, 7, 8(a), May 11, 1976, 90 Stat. 505, 506; Pub. L.

95-631, Sec. 3, 4(a)-(c), 5, Nov. 10, 1978, 92 Stat. 3742-3744;

Pub. L. 97-35, title XII, Sec. 1202, Aug. 13, 1981, 95 Stat. 703;

Pub. L. 101-608, title I, Sec. 107(a), Nov. 16, 1990, 104 Stat.

3111.)

-COD-

CODIFICATION

In subsec. (c), ''section 3324(a) and (b) of title 31''

substituted for ''section 3648 of the Revised Statutes of the

United States (31 U.S.C. 529)'' on authority of Pub. L. 97-258,

Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of

which enacted Title 31, Money and Finance.

-MISC3-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-608 designated existing

provisions as par. (1) and added par. (2).

1981 - Subsec. (a). Pub. L. 97-35 amended subsec. (a) generally,

and in the requirements for consumer product safety standards,

struck out reference to composition, contents, design,

construction, finish, or packaging of consumer products, and struck

out provision that the requirements of the standards other than

requirements relating to labeling, warnings, or instructions,

shall, whenever, feasible, be expressed in terms of performance

requirements.

Subsec. (b). Pub. L. 97-35 amended subsec. (b) generally,

substituting provisions relating to the reliance by the Commission

upon voluntary standards for provisions prescribing procedure for

development of consumer product safety standards.

Subsec. (c). Pub. L. 97-35 amended subsec. (c) generally,

substituting provisions relating to contribution by the Commission

to the development cost of consumer safety standards for provisions

relating to publication of proposed safety rules developed from

existing standards.

Subsec. (d). Pub. L. 97-35 struck out subsec. (d) which related

to the acceptance of offers to develop proposed standards and the

Commission's contribution to development costs.

Subsec. (e). Pub. L. 97-35 struck out subsec. (e) which related

to development of proposed safety rules by the Commission.

Subsec. (f). Pub. L. 97-35 struck out subsec. (f) which provided

for termination of rule-making proceedings and a statement relating

to the reasons therefor.

1978 - Subsec. (b). Pub. L. 95-631, Sec. 3, designated existing

provision as par. (1), and in par. (1) as so redesignated,

redesignated pars. (1) to (4) as subpars. (A) and (D), in subpar.

(D) as so redesignated, inserted provision including as a means of

commencing a proceeding, a publication in the Federal Register of a

statement that the Commission intends to develop the proposed

consumer product safety standard, added subpar. (E), struck out

provision that the period specified within which the offeror of an

accepted offer develops the proposed standard be a period ending

150 days after the date the offer was accepted unless the

Commission for good cause found, and included such finding in the

notice that a different period was appropriate, and added par. (2).

Subsec. (c). Pub. L. 95-631, Sec. 5, amended subsec. (c)

generally, inserting provisions relating to subsec. (b)(1)(D) and

striking out provisions for publication of a proposed consumer

product safety rule, in lieu of acceptance of an offer under

subsec. (d), where a standard had been issued or adopted by any

Federal agency or by any other qualified agency, organization, or

institution and the standard if promulgated under the chapter would

eliminate or reduce the unreasonable risk of injury associated with

the product.

Subsec. (d)(1). Pub. L. 95-631, Sec. 4(a)(1), inserted

''subsection (b)(2) and by'' after ''as provided by'' and

substituted references to subsec. (b)(1)(D)(ii)(I) for (b)(4)(B) of

this section and subsec. (b)(1)(E) for (b) of this section.

Subsec. (d)(2). Pub. L. 95-631, Sec. 4(a)(2)(A)-(C), inserted in

first sentence ''or if any person participates with the Commission

in the development of a consumer product safety standard under

subsection (b)(2)(A) or subsection (e) of this section'' after

''under this subsection'', ''or the person's cost with respect to

such participation'' after ''safety standards'' and ''or person''

after ''offeror''.

Subsec. (d)(4). Pub. L. 95-631, Sec. 4(a)(3), added par. (4).

Subsec. (e). Pub. L. 95-631, Sec. (4)(b), amended provisions

generally, and among other changes, substituted references to

subsec. (b)(1)(D)(ii)(I) of this section for prior references to

subsec. (b) of this section, and struck out par. (3) defining the

development period, now covered in subsec. (b)(1)(E) of this

section.

Subsec. (f). Pub. L. 95-631, Sec. 4(c), amended provisions

generally, and among other changes, reduced the period within which

to publish a proposed consumer product safety standard to

forty-five days from 150 days and required the publication in the

Federal Register of the reasons for not publishing the proposed

standard, including a statement indicative of the taking of other

approaches such as a voluntary consumer safety standard adopted by

persons to be subject to the proposed standard.

1976 - Subsec. (a). Pub. L. 94-284, Sec. 6, designated existing

provision as par. (1), redesignated as subpars. (A) and (B)

existing pars. (1) and (2), and added par. (2).

Subsec. (b). Pub. L. 94-284, Sec. 7(a), substituted ''date the

offer is accepted'' for ''publication of notice'' in provision

following par. (4)(B).

Subsec. (d)(2). Pub. L. 94-284, Sec. 8(a), inserted provision

which permits the Commission to advance public moneys without the

need of authorized appropriations as required by section 529 of

title 31.

Subsec. (e). Pub. L. 94-284, Sec. 7(b), permitted the Commission

to develop and publish a proposed consumer safety product rule if

the development period as specified in par. (3) ends.

Subsec. (f). Pub. L. 94-284, Sec. 7(c), provided that if within

60 days after publication of notice for a proceeding for the

development of a consumer product safety standard (or longer if the

Commission so prescribe), no offer is submitted or none is

acceptable, the Commission terminate the proceeding or develop

proposals of its own, which proposals be published as a rule within

150 days after the expiration of the 60 day period or the

proceeding then terminated, and that if an offer is accepted within

the 60 day period, then within 210 days after acceptance, the

Commission must publish the proposal as a rule or terminate the

proceeding.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 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 Aug. 14, 1981, see

section 1215 of Pub. L. 97-35, set out as a note under section 2052

of this title.

AUTOMATIC GARAGE DOOR OPENERS

Section 203 of Pub. L. 101-608 provided that:

''(a) Consumer Product Safety Rule. - The provisions of

subsection (b) shall be considered to be a consumer product safety

rule issued by the Consumer Product Safety Commission under section

9 of the Consumer Product Safety Act (15 U.S.C. 2058).

''(b) Requirements. -

''(1) Effective on and after January 1, 1991, each automatic

residential garage door opener manufactured on or after that date

for sale in the United States shall conform to the entrapment

protection requirements of the American National Standards

Institute Underwriters Laboratories, Inc. Standards for Safety -

UL 325, third edition, as revised May 4, 1988.

''(2)(A) Effective on and after January 1, 1993, all

residential automatic garage door openers manufactured on and

after such date for sale in the United States shall conform to

any additional entrapment protection requirements of the American

National Standards Institute Underwriters Laboratories, Inc.

Standards for Safety - UL 325, third edition, which were issued

after the date of the enactment of this Act (Nov. 16, 1990) to

become effective on or before January 1, 1993.

''(B) If, by June 1, 1992, the Underwriters Laboratories, Inc.,

has not issued a revision to the May 4, 1988, Standards for

Safety - UL 325, third edition, to require an entrapment

protection feature or device in addition to that required by the

May 4, 1988, Standard, the Consumer Product Safety Commission

shall begin a rulemaking proceeding, to be completed no later

than October 31, 1992, to require an additional such feature or

device on all automatic residential garage door openers

manufactured on or after January 1, 1993, for sale in the United

States. If such a revision is issued by the Underwriters

Laboratories, Inc. after the rulemaking has commenced, the

rulemaking shall be terminated and the revision shall be

incorporated in the consumer product safety rule under subsection

(a) unless the Commission has determined under subsection (c)

that such revision does not carry out the purposes of subsection

(b).

''(c) Revision of Rule. - If, after June 1, 1992, or the date of

a revision described in subsection (b)(2)(B) if later, the

Underwriters Laboratories, Inc. proposes to further revise the

entrapment protection requirements of the American National

Standards Institute Underwriters Laboratories, Inc. Standards for

Safety - UL 325, third edition, the Laboratories shall notify the

Consumer Product Safety Commission of the proposed revision and the

proposed revision shall be incorporated in the consumer product

safety rule under subsection (a) unless, within 30 days of such

notice, the Commission notifies the Laboratories that the

Commission has determined that such revision does not carry out the

purposes of subsection (b).

''(d) Labeling. - On and after January 1, 1991, a manufacturer

selling or offering for sale in the United States an automatic

residential garage door opener manufactured on or after January 1,

1991, shall clearly identify on any container of the system and on

the system the month or week and year the system was manufactured

and its conformance with the requirements of subsection (b). The

display of the UL logo or listing mark, and compliance with the

date marking requirements of UL 325, on both the container and the

system, shall satisfy the requirements of this subsection.

''(e) Notification. - Effective on and after July 1, 1991, all

manufacturers of automatic residential garage door openers shall,

in consultation with the Consumer Product Safety Commission, notify

the public of the potential for entrapment by garage doors equipped

with automatic garage door openers and advise the public to test

their openers for the entrapment protection feature or device

required by subsection (b).

''(f) Preemption. - In applying section 26(a) of the Consumer

Product Safety Act (15 U.S.C. 2075) (15 U.S.C. 2075(a)) with

respect to the consumer product safety rule of the Consumer Product

Safety Commission under subsection (a), only those provisions of

laws of States or political subdivisions which relate to the

labeling of automatic residential garage door openers and those

provisions which do not provide at least the equivalent degree of

protection from the risk of injury associated with automatic

residential garage door openers as the consumer product safety rule

provides shall be subject to such section.

''(g) Regulations. - Section 553 of title 5, United States Code,

shall apply with respect to the issuance of any regulations by the

Consumer Product Safety Commission to implement the requirements of

this section and sections 7 and 9 of the Consumer Product Safety

Act (15 U.S.C. 2056, 2058) do not apply to such issuance. Any

additional or revised requirement issued by the Commission shall

provide an adequate degree of protection to the public.

''(h) Construction. - Nothing in this section shall affect or

modify in any way the obligations or liabilities of any person

under the common law or any Federal or State law.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2052, 2058, 2060, 6004 of

this title.

-CITE-

15 USC Sec. 2057 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2057. Banned hazardous products

-STATUTE-

Whenever the Commission finds that -

(1) a consumer product is being, or will be, distributed in

commerce and such consumer product presents an unreasonable risk

of injury; and

(2) no feasible consumer product safety standard under this

chapter would adequately protect the public from the unreasonable

risk of injury associated with such product,

the Commission may, in accordance with section 2058 of this title,

promulgate a rule declaring such product a banned hazardous

product.

-SOURCE-

(Pub. L. 92-573, Sec. 8, Oct. 27, 1972, 86 Stat. 1215; Pub. L.

97-35, title XII, Sec. 1203(c), Aug. 13, 1981, 95 Stat. 713.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-35 substituted ''may, in accordance with'' for

''may propose and, in accordance with''.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 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 Aug. 14, 1981, see

section 1215 of Pub. L. 97-35, set out as a note under section 2052

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2057a, 2057b, 2058, 2060

of this title.

-CITE-

15 USC Sec. 2057a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2057a. Banning of butyl nitrite

-STATUTE-

(a) In general

Except as provided in subsection (b) of this section, butyl

nitrite shall be considered a banned hazardous product under

section 2057 of this title.

(b) Lawful purposes

For the purposes of section 2057 of this title, it shall not be

unlawful for any person to manufacture for sale, offer for sale,

distribute in commerce, or import into the United States butyl

nitrite for any commercial purpose or any other purpose approved

under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et

seq.).

(c) Definitions

For purposes of this section:

(1) The term ''butyl nitrite'' includes n-butyl nitrite,

isobutyl nitrite, secondary butyl nitrite, tertiary butyl

nitrite, and mixtures containing these chemicals.

(2) The term ''commercial purpose'' means any commercial

purpose other than for the production of consumer products

containing butyl nitrite that may be used for inhaling or

otherwise introducing butyl nitrite into the human body for

euphoric or physical effects.

(d) Effective date

This section shall take effect 90 days after November 18, 1988.

-SOURCE-

(Pub. L. 100-690, title II, Sec. 2404, Nov. 18, 1988, 102 Stat.

4231.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in subsec.

(b), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,

which is classified generally to chapter 9 (Sec. 301 et seq.) of

Title 21, Food and Drugs. For complete classification of this Act

to the Code, see section 301 of Title 21 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Anti-Drug Abuse Act of 1988

and also as part of the Comprehensive Alcohol Abuse, Drug Abuse,

and Mental Health Amendments Act of 1988, and not as part of the

Consumer Product Safety Act which comprises this chapter.

-CITE-

15 USC Sec. 2057b 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2057b. Banning of isopropal nitrite and other nitrites

-STATUTE-

(a) In general

Except as provided in subsection (b) of this section, volatile

alkyl nitrite shall be considered a banned hazardous product under

section 2057 of this title.

(b) Lawful purposes

For the purposes of section 2057 of this title, it shall not be

unlawful for any person to manufacture for sale, offer for sale,

distribute in commerce, or import into the United States volatile

alkyl nitrites for any commercial purpose or any other purpose

approved under the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

301 et seq.).

(c) ''Commercial purpose'' defined

For purposes of this section, the term ''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.

(d) Effective date

This section shall take effect 90 days after November 29, 1990.

-SOURCE-

(Pub. L. 101-647, title XXXII, Sec. 3202, Nov. 29, 1990, 104 Stat.

4917.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in subsec.

(b), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,

which is classified generally to chapter 9 (Sec. 301 et seq.) of

Title 21, Food and Drugs. For complete classification of this Act

to the Code, see section 301 of Title 21 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Crime Control Act of 1990, and

not as part of the Consumer Product Safety Act which comprises this

chapter.

-CITE-

15 USC Sec. 2058 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2058. Procedure for consumer product safety rules

-STATUTE-

(a) Commencement of proceeding; publication of prescribed notice of

proposed rulemaking; transmittal of notice

A proceeding for the development of a consumer product safety

rule shall be commenced by the publication in the Federal Register

of an advance notice of proposed rulemaking which shall -

(1) identify the product and the nature of the risk of injury

associated with the product;

(2) include a summary of each of the regulatory alternatives

under consideration by the Commission (including voluntary

consumer product safety standards);

(3) include information with respect to any existing standard

known to the Commission which may be relevant to the proceedings,

together with a summary of the reasons why the Commission

believes preliminarily that such standard does not eliminate or

adequately reduce the risk of injury identified in paragraph (1);

(4) invite interested persons to submit to the Commission,

within such period as the Commission shall specify in the notice

(which period shall not be less than 30 days or more than 60 days

after the date of publication of the notice), comments with

respect to the risk of injury identified by the Commission, the

regulatory alternatives being considered, and other possible

alternatives for addressing the risk;

(5) invite any person (other than the Commission) to submit to

the Commission, within such period as the Commission shall

specify in the notice (which period shall not be less than 30

days after the date of publication of the notice), an existing

standard or a portion of a standard as a proposed consumer

product safety standard; and

(6) invite any person (other than the Commission) to submit to

the Commission, within such period as the Commission shall

specify in the notice (which period shall not be less than 30

days after the date of publication of the notice), a statement of

intention to modify or develop a voluntary consumer product

safety standard to address the risk of injury identified in

paragraph (1) together with a description of a plan to modify or

develop the standard.

The Commission shall transmit such notice within 10 calendar days

to the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Energy and Commerce of the House of

Representatives.

(b) Voluntary standard; publication as proposed rule; notice of

reliance of Commission on standard

(1) If the Commission determines that any standard submitted to

it in response to an invitation in a notice published under

subsection (a)(5) of this section if promulgated (in whole, in

part, or in combination with any other standard submitted to the

Commission or any part of such a standard) as a consumer product

safety standard, would eliminate or adequately reduce the risk of

injury identified in the notice under subsection (a)(1) of this

section, the Commission may publish such standard, in whole, in

part, or in such combination and with nonmaterial modifications, as

a proposed consumer product safety rule.

(2) If the Commission determines that -

(A) compliance with any standard submitted to it in response to

an invitation in a notice published under subsection (a)(6) of

this section is likely to result in the elimination or adequate

reduction of the risk of injury identified in the notice, and

(B) it is likely that there will be substantial compliance with

such standard,

the Commission shall terminate any proceeding to promulgate a

consumer product safety rule respecting such risk of injury and

shall publish in the Federal Register a notice which includes the

determination of the Commission and which notifies the public that

the Commission will rely on the voluntary standard to eliminate or

reduce the risk of injury, except that the Commission shall

terminate any such proceeding and rely on a voluntary standard only

if such voluntary standard is in existence. For purposes of this

section, a voluntary standard shall be considered to be in

existence when it is finally approved by the organization or other

person which developed such standard, irrespective of the effective

date of the standard. Before relying upon any voluntary consumer

product safety standard, the Commission shall afford interested

persons (including manufacturers, consumers, and consumer

organizations) a reasonable opportunity to submit written comments

regarding such standard. The Commission shall consider such

comments in making any determination regarding reliance on the

involved voluntary standard under this subsection.

(c) Publication of proposed rule; preliminary regulatory analysis;

contents; transmittal of notice

No consumer product safety rule may be proposed by the Commission

unless, not less than 60 days after publication of the notice

required in subsection (a) of this section, the Commission

publishes in the Federal Register the text of the proposed rule,

including any alternatives, which the Commission proposes to

promulgate, together with a preliminary regulatory analysis

containing -

(1) a preliminary description of the potential benefits and

potential costs of the proposed rule, including any benefits or

costs that cannot be quantified in monetary terms, and an

identification of those likely to receive the benefits and bear

the costs;

(2) a discussion of the reasons any standard or portion of a

standard submitted to the Commission under subsection (a)(5) of

this section was not published by the Commission as the proposed

rule or part of the proposed rule;

(3) a discussion of the reasons for the Commission's

preliminary determination that efforts proposed under subsection

(a)(6) of this section and assisted by the Commission as required

by section 2054(a)(3) of this title would not, within a

reasonable period of time, be likely to result in the development

of a voluntary consumer product safety standard that would

eliminate or adequately reduce the risk of injury addressed by

the proposed rule; and

(4) a description of any reasonable alternatives to the

proposed rule, together with a summary description of their

potential costs and benefits, and a brief explanation of why such

alternatives should not be published as a proposed rule.

The Commission shall transmit such notice within 10 calendar days

to the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Energy and Commerce of the House of

Representatives. Any proposed consumer product safety rule shall be

issued within twelve months after the date of publication of an

advance notice of proposed rulemaking under subsection (a) of this

section relating to the product involved, unless the Commission

determines that such proposed rule is not reasonably necessary to

eliminate or reduce the risk of injury associated with the product

or is not in the public interest. The Commission may extend the

twelve-month period for good cause. If the Commission extends such

period, it shall immediately transmit notice of such extension to

the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Energy and Commerce of the House of

Representatives. Such notice shall include an explanation of the

reasons for such extension, together with an estimate of the date

by which the Commission anticipates such rulemaking will be

completed. The Commission shall publish notice of such extension

and the information submitted to the Congress in the Federal

Register.

(d) Promulgation of rule; time

(1) Within 60 days after the publication under subsection (c) of

this section of a proposed consumer product safety rule respecting

a risk of injury associated with a consumer product, the Commission

shall -

(A) promulgate a consumer product safety rule respecting the

risk of injury associated with such product, if it makes the

findings required under subsection (f) of this section, or

(B) withdraw the applicable notice of proposed rulemaking if it

determines that such rule is not (i) reasonably necessary to

eliminate or reduce an unreasonable risk of injury associated

with the product, or (ii) in the public interest;

except that the Commission may extend such 60-day period for good

cause shown (if it publishes its reasons therefor in the Federal

Register).

(2) Consumer product safety rules shall be promulgated in

accordance with section 553 of title 5, except that the Commission

shall give interested persons an opportunity for the oral

presentation of data, views, or arguments, in addition to an

opportunity to make written submissions. A transcript shall be

kept of any oral presentation.

(e) Expression of risk of injury; consideration of available

product data; needs of elderly and handicapped

A consumer product safety rule shall express in the rule itself

the risk of injury which the standard is designed to eliminate or

reduce. In promulgating such a rule the Commission shall consider

relevant available product data including the results of research,

development, testing, and investigation activities conducted

generally and pursuant to this chapter. In the promulgation of

such a rule the Commission shall also consider and take into

account the special needs of elderly and handicapped persons to

determine the extent to which such persons may be adversely

affected by such rule.

(f) Findings; final regulatory analysis; judicial review of rule

(1) Prior to promulgating a consumer product safety rule, the

Commission shall consider, and shall make appropriate findings for

inclusion in such rule with respect to -

(A) the degree and nature of the risk of injury the rule is

designed to eliminate or reduce;

(B) the approximate number of consumer products, or types or

classes thereof, subject to such rule;

(C) the need of the public for the consumer products subject to

such rule, and the probable effect of such rule upon the utility,

cost, or availability of such products to meet such need; and

(D) any means of achieving the objective of the order while

minimizing adverse effects on competition or disruption or

dislocation of manufacturing and other commercial practices

consistent with the public health and safety.

(2) The Commission shall not promulgate a consumer product safety

rule unless it has prepared, on the basis of the findings of the

Commission under paragraph (1) and on other information before the

Commission, a final regulatory analysis of the rule containing the

following information:

(A) A description of the potential benefits and potential costs

of the rule, including costs and benefits that cannot be

quantified in monetary terms, and the identification of those

likely to receive the benefits and bear the costs.

(B) A description of any alternatives to the final rule which

were considered by the Commission, together with a summary

description of their potential benefits and costs and a brief

explanation of the reasons why these alternatives were not

chosen.

(C) A summary of any significant issues raised by the comments

submitted during the public comment period in response to the

preliminary regulatory analysis, and a summary of the assessment

by the Commission of such issues.

The Commission shall publish its final regulatory analysis with the

rule.

(3) The Commission shall not promulgate a consumer product safety

rule unless it finds (and includes such finding in the rule) -

(A) that the rule (including its effective date) is reasonably

necessary to eliminate or reduce an unreasonable risk of injury

associated with such product;

(B) that the promulgation of the rule is in the public

interest;

(C) in the case of a rule declaring the product a banned

hazardous product, that no feasible consumer product safety

standard under this chapter would adequately protect the public

from the unreasonable risk of injury associated with such

product;

(D) in the case of a rule which relates to a risk of injury

with respect to which persons who would be subject to such rule

have adopted and implemented a voluntary consumer product safety

standard, that -

(i) compliance with such voluntary consumer product safety

standard is not likely to result in the elimination or adequate

reduction of such risk of injury; or

(ii) it is unlikely that there will be substantial compliance

with such voluntary consumer product safety standard;

(E) that the benefits expected from the rule bear a reasonable

relationship to its costs; and

(F) that the rule imposes the least burdensome requirement

which prevents or adequately reduces the risk of injury for which

the rule is being promulgated.

(4)(A) Any preliminary or final regulatory analysis prepared

under subsection (c) or (f)(2) of this section shall not be subject

to independent judicial review, except that when an action for

judicial review of a rule is instituted, the contents of any such

regulatory analysis shall constitute part of the whole rulemaking

record of agency action in connection with such review.

(B) The provisions of subparagraph (A) shall not be construed to

alter the substantive or procedural standards otherwise applicable

to judicial review of any action by the Commission.

(g) Effective date of rule or standard; stockpiling of product

(1) Each consumer product safety rule shall specify the date such

rule is to take effect not exceeding 180 days from the date

promulgated, unless the Commission finds, for good cause shown,

that a later effective date is in the public interest and publishes

its reasons for such finding. The effective date of a consumer

product safety standard under this chapter shall be set at a date

at least 30 days after the date of promulgation unless the

Commission for good cause shown determines that an earlier

effective date is in the public interest. In no case may the

effective date be set at a date which is earlier than the date of

promulgation. A consumer product safety standard shall be

applicable only to consumer products manufactured after the

effective date.

(2) The Commission may by rule prohibit a manufacturer of a

consumer product from stockpiling any product to which a consumer

product safety rule applies, so as to prevent such manufacturer

from circumventing the purpose of such consumer product safety

rule. For purposes of this paragraph, the term ''stockpiling''

means manufacturing or importing a product between the date of

promulgation of such consumer product safety rule 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 consumer product safety rule.

(h) Amendment or revocation of rule

The Commission may by rule amend or revoke any consumer product

safety rule. Such amendment or revocation shall specify the date

on which it is to take effect which shall not exceed 180 days from

the date the amendment or revocation is published unless the

Commission finds for good cause shown that a later effective date

is in the public interest and publishes its reasons for such

finding. Where an amendment involves a material change in a

consumer product safety rule, sections 2056 and 2057 of this title,

and subsections (a) through (g) of this section shall apply. In

order to revoke a consumer product safety rule, the Commission

shall publish a proposal to revoke such rule in the Federal

Register, and allow oral and written presentations in accordance

with subsection (d)(2) of this section. It may revoke such rule

only if it determines that the rule is not reasonably necessary to

eliminate or reduce an unreasonable risk of injury associated with

the product. Section 2060 of this title shall apply to any

amendment of a consumer product safety rule which involves a

material change and to any revocation of a consumer product safety

rule, in the same manner and to the same extent as such section

applies to the Commission's action in promulgating such a rule.

(i) Petition to initiate rulemaking

The Commission shall grant, in whole or in part, or deny any

petition under section 553(e) of title 5 requesting the Commission

to initiate a rulemaking, within a reasonable time after the date

on which such petition is filed. The Commission shall state the

reasons for granting or denying such petition. The Commission may

not deny any such petition on the basis of a voluntary standard

unless the voluntary standard is in existence at the time of the

denial of the petition, the Commission has determined that the

voluntary standard is likely to result in the elimination or

adequate reduction of the risk of injury identified in the

petition, and it is likely that there will be substantial

compliance with the standard.

-SOURCE-

(Pub. L. 92-573, Sec. 9, Oct. 27, 1972, 86 Stat. 1215; Pub. L.

94-284, Sec. 9, May 11, 1976, 90 Stat. 506; Pub. L. 95-631, Sec.

4(d), Nov. 10, 1978, 92 Stat. 3744; Pub. L. 97-35, title XII, Sec.

1203(a), Aug. 13, 1981, 95 Stat. 704; Pub. L. 101-608, title I,

Sec. 108(a), 109, 110(a), Nov. 16, 1990, 104 Stat. 3112, 3113.)

-MISC1-

AMENDMENTS

1990 - Subsec. (b)(2). Pub. L. 101-608, Sec. 108(a), struck out

period at end and inserted '', except that the Commission shall

terminate any such proceeding and rely on a voluntary standard only

if such voluntary standard is in existence. For purposes of this

section, a voluntary standard shall be considered to be in

existence when it is finally approved by the organization or other

person which developed such standard, irrespective of the effective

date of the standard. Before relying upon any voluntary consumer

product safety standard, the Commission shall afford interested

persons (including manufacturers, consumers, and consumer

organizations) a reasonable opportunity to submit written comments

regarding such standard. The Commission shall consider such

comments in making any determination regarding reliance on the

involved voluntary standard under this subsection.''

Subsec. (c). Pub. L. 101-608, Sec. 109, inserted at end ''Any

proposed consumer product safety rule shall be issued within twelve

months after the date of publication of an advance notice of

proposed rulemaking under subsection (a) relating to the product

involved, unless the Commission determines that such proposed rule

is not reasonably necessary to eliminate or reduce the risk of

injury associated with the product or is not in the public

interest. The Commission may extend the twelve-month period for

good cause. If the Commission extends such period, it shall

immediately transmit notice of such extension to the Committee on

Commerce, Science, and Transportation of the Senate and the

Committee on Energy and Commerce of the House of Representatives.

Such notice shall include an explanation of the reasons for such

extension, together with an estimate of the date by which the

Commission anticipates such rulemaking will be completed. The

Commission shall publish notice of such extension and the

information submitted to the Congress in the Federal Register.''

Subsec. (i). Pub. L. 101-608, Sec. 110(a), added subsec. (i).

1981 - Subsec. (a). Pub. L. 97-35 amended subsec. (a) generally,

substituting provisions for the commencement of rule-making

proceedings by the publication of a notice of proposed rule-making

for provisions for the promulgation of rule after publication of a

notice according to specified provisions of law and to withdraw

applicable notice of proceeding upon determination that such rule

was not reasonably necessary to eliminate or reduce an unreasonable

risk of injury associated with the product or that it was in the

public interest, and providing for certain other procedural

safeguards.

Subsec. (b). Pub. L. 97-35 amended subsec. (b) generally,

substituting provisions relating to the publication of a voluntary

standard as a proposed consumer product safety rule and notice of

reliance by the Commission on such standard for provisions that a

consumer product safety rule shall express the risk of injury which

the standard is designed to eliminate or reduce.

Subsec. (c). Pub. L. 97-35 amended subsec. (c) generally,

substituting provisions relating to the publication in the Federal

Register of the text of the proposed rule, including alternatives,

with a preliminary regulatory analysis, and for the transmittal of

such notice to certain committees of Congress for provisions

relating to the requirement that the Commission make appropriate

findings with respect to certain specified factors for inclusion in

a consumer product safety rule.

Subsec. (d). Pub. L. 97-35 amended subsec. (d) generally,

substituting provisions relating to the time for promulgation of

the rule in accordance with section 553 of title 5 or withdrawal of

the applicable notice for provisions relating to the effective

dates for rules and standards and the authority of the Commission

to prohibit stockpiling.

Subsec. (e). Pub. L. 97-35 amended subsec. (e) generally,

substituting provisions relating to the requirement that the

consumer product safety rule express the risk of injury which is to

be eliminated or reduced and requiring, that in promulgating the

rule, the Commission to consider available product data and the

needs of the elderly and handicapped persons for provisions

relating to the amendment and revocation of rules.

Subsecs. (f) to (h). Pub. L. 97-35 added subsecs. (f) to (h).

1978 - Subsec. (a)(1), (2). Pub. L. 95-631 substituted in pars.

(1) and (2) reference to section 2056 of this title for prior

reference to section 2056(c), (e)(1), or (f) of this title.

1976 - Subsec. (b). Pub. L. 94-284 inserted provision directing

the Commission to take into consideration the special needs of the

elderly and the handicapped in promulgating a consumer product

safety rule.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC4-

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 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 Aug. 14, 1981, see

section 1215 of Pub. L. 97-35, set out as a note under section 2052

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2056, 2057, 2060, 2064,

2067, 2068, 2082, 6004 of this title.

-CITE-

15 USC Sec. 2059 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2059. Repealed. Pub. L. 97-35, title XII, Sec. 1210, Aug. 13,

1981, 95 Stat. 721

-MISC1-

Section, Pub. L. 92-573, Sec. 10, Oct. 27, 1972, 86 Stat. 1217;

Pub. L. 94-284, Sec. 10(a), May 11, 1976, 90 Stat. 506, related to

filing of a petition by an interested person for issuance,

amendment, or revocation of a consumer product safety rule.

EFFECTIVE DATE OF REPEAL

Repeal effective Aug. 14, 1981, see section 1215 of Pub. L.

97-35, set out as an Effective Date of 1981 Amendment note under

section 2052 of this title.

-CITE-

15 USC Sec. 2060 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2060. Judicial review of consumer product safety rules

-STATUTE-

(a) Petition by persons adversely affected, consumers, or consumer

organizations

Not later than 60 days after a consumer product safety rule is

promulgated by the Commission, any person adversely affected by

such rule, or any consumer or consumer organization, may file a

petition with the United States court of appeals for the District

of Columbia, or for the circuit in which such person, consumer, or

organization resides or has his principal place of business for

judicial review of such rule. Copies of the petition shall be

forthwith transmitted by the clerk of the court to the Commission

or other officer designated by it for that purpose and to the

Attorney General. The record of the proceedings on which the

Commission based its rule shall be filed in the court as provided

for in section 2112 of title 28. For purposes of this section, the

term ''record'' means such consumer product safety rule; any notice

or proposal published pursuant to section 2056, 2057, or 2058 of

this title; the transcript required by section 2058(d)(2) of this

title of any oral presentation; any written submission of

interested parties; and any other information which the Commission

considers relevant to such rule.

(b) Additional data, views, or arguments

If the petitioner applies to the court for leave to adduce

additional data, views, or arguments and shows to the satisfaction

of the court that such additional data, views, or arguments are

material and that there were reasonable grounds for the

petitioner's failure to adduce such data, views, or arguments in

the proceeding before the Commission, the court may order the

Commission to provide additional opportunity for the oral

presentation of data, views, or arguments and for written

submissions. The Commission may modify its findings, or make new

findings by reason of the additional data, views, or arguments so

taken and shall file such modified or new findings, and its

recommendation, if any, for the modification or setting aside of

its original rule, with the return of such additional data, views,

or arguments.

(c) Jurisdiction; costs and attorneys' fees; substantial evidence

to support administrative findings

Upon the filing of the petition under subsection (a) of this

section the court shall have jurisdiction to review the consumer

product safety rule in accordance with chapter 7 of title 5, and to

grant appropriate relief, including interim relief, as provided in

such chapter. A court may in the interest of justice include in

such relief an award of the costs of suit, including reasonable

attorneys' fees (determined in accordance with subsection (f) of

this section (FOOTNOTE 1) and reasonable expert witnesses' fees.

Attorneys' fees may be awarded against the United States (or any

agency or official of the United States) without regard to section

2412 of title 28 or any other provision of law. The consumer

product safety rule shall not be affirmed unless the Commission's

findings under sections 2058(f)(1) and 2058(f)(3) of this title are

supported by substantial evidence on the record taken as a whole.

(FOOTNOTE 1) So in original. Probably should be followed by a

closing parenthesis.

(d) Supreme Court review

The judgment of the court affirming or setting aside, in whole or

in part, any consumer product safety rule shall be final, subject

to review by the Supreme Court of the United States upon certiorari

or certification, as provided in section 1254 of title 28.

(e) Other remedies

The remedies provided for in this section shall be in addition to

and not in lieu of any other remedies provided by law.

(f) Computation of reasonable fee for attorney

For purposes of this section and sections 2072(a) and 2073 of

this title, a reasonable attorney's fee is a fee (1) which is based

upon (A) the actual time expended by an attorney in providing

advice and other legal services in connection with representing a

person in an action brought under this section, and (B) such

reasonable expenses as may be incurred by the attorney in the

provision of such services, and (2) which is computed at the rate

prevailing for the provision of similar services with respect to

actions brought in the court which is awarding such fee.

-SOURCE-

(Pub. L. 92-573, Sec. 11, Oct. 27, 1972, 86 Stat. 1218; Pub. L.

94-284, Sec. 10(b), 11(a), May 11, 1976, 90 Stat. 507; Pub. L.

97-35, title XII, Sec. 1211(h)(1)-(3)(A), Aug. 13, 1981, 95 Stat.

723; Pub. L. 97-414, Sec. 9(j)(2), Jan. 4, 1983, 96 Stat. 2064.)

-MISC1-

AMENDMENTS

1983 - Subsec. (c). Pub. L. 97-414 substituted ''subsection (f)

of this section'' for ''section 2059(e)(4) of this title''.

1981 - Subsec. (a). Pub. L. 97-35, Sec. 1211(h)(2), substituted

reference to section 2058(d)(2) of this title for reference to

section 2058(a)(2) of this title.

Subsec. (c). Pub. L. 97-35, Sec. 1211(h)(1), substituted

reference to section 2058(f)(1) and (3) of this title for reference

to section 2058(c) of this title.

Subsec. (f). Pub. L. 97-35, Sec. 1211(h)(3)(A), added subsec.

(f).

1976 - Subsec. (a). Pub. L. 94-284, Sec. 11(a), permitted the

Commission to file the record of its proceedings on which its rule

was based with the court in lieu of transmitting the record to the

Attorney General.

Subsec. (c). Pub. L. 94-284, Sec. 10(b), inserted provision

permitting the court to award costs, including reasonable

attorneys' fees, in the interest of justice.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section

1215 of Pub. L. 97-35, set out as a note under section 2052 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2058, 2072, 2073, 2082,

6004 of this title.

-CITE-

15 USC Sec. 2061 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2061. Imminent hazards

-STATUTE-

(a) Filing of action

The Commission may file in a United States district court an

action (1) against an imminently hazardous consumer product for

seizure of such product under subsection (b)(2) of this section, or

(2) against any person who is a manufacturer, distributor, or

retailer of such product, or (3) against both. Such an action may

be filed notwithstanding the existence of a consumer product safety

rule applicable to such product, or the pendency of any

administrative or judicial proceedings under any other provision of

this chapter. As used in this section, and hereinafter in this

chapter, the term ''imminently hazardous consumer product'' means a

consumer product which presents imminent and unreasonable risk of

death, serious illness, or severe personal injury.

(b) Relief; product condemnation and seizure

(1) The district court in which such action is filed shall have

jurisdiction to declare such product an imminently hazardous

consumer product, and (in the case of an action under subsection

(a)(2) of this section) to grant (as ancillary to such declaration

or in lieu thereof) such temporary or permanent relief as may be

necessary to protect the public from such risk. Such relief may

include a mandatory order requiring the notification of such risk

to purchasers of such product known to the defendant, public

notice, the recall, the repair or the replacement of, or refund

for, such product.

(2) In the case of an action under subsection (a)(1) of this

section, the consumer product may be proceeded against by process

of libel for the seizure and condemnation of such product in any

United States district court within the jurisdiction of which such

consumer product is found. Proceedings and cases instituted under

the authority of the preceding sentence shall conform as nearly as

possible to proceedings in rem in admiralty.

(c) Consumer product safety rule

Where appropriate, concurrently with the filing of such action or

as soon thereafter as may be practicable, the Commission shall

initiate a proceeding to promulgate a consumer product safety rule

applicable to the consumer product with respect to which such

action is filed.

(d) Jurisdiction and venue; process; subpena

(1) An action under subsection (a)(2) of this section may be

brought in the United States district court for the District of

Columbia or in any judicial district in which any of the defendants

is found, is an inhabitant or transacts business; and process in

such an action may be served on a defendant in any other district

in which such defendant resides or may be found. Subpenas

requiring attendance of witnesses in such an action may run into

any other district. In determining the judicial district in which

an action may be brought under this section in instances in which

such action may be brought in more than one judicial district, the

Commission shall take into account the convenience of the parties.

(2) Whenever proceedings under this section involving

substantially similar consumer products are pending in courts in

two or more judicial districts, they shall be consolidated for

trial by order of any such court upon application reasonably made

by any party in interest, upon notice to all other parties in

interest.

(e) Employment of attorneys by Commission

Notwithstanding any other provision of law, in any action under

this section, the Commission may direct attorneys employed by it to

appear and represent it.

(g) (FOOTNOTE 1) Cost-benefit analysis of compliance with relief

ordered in action for judicial review of consumer product

safety rule not required

(FOOTNOTE 1) So in original. Probably should be ''(f)''.

Nothing in this section shall be construed to require the

Commission, in determining whether to bring an action against a

consumer product or a person under this section, to prepare a

comparison of the costs that would be incurred in complying with

the relief that may be ordered in such action with the benefits to

the public from such relief.

-SOURCE-

(Pub. L. 92-573, Sec. 12, Oct. 27, 1972, 86 Stat. 1218; Pub. L.

97-35, title XII, Sec. 1205(a)(2), Aug. 13, 1981, 95 Stat. 716;

Pub. L. 101-608, title I, Sec. 111(a)(1), Nov. 16, 1990, 104 Stat.

3114.)

-MISC1-

AMENDMENTS

1990 - Subsec. (g). Pub. L. 101-608 added subsec. (g).

1981 - Subsecs. (d) to (f). Pub. L. 97-35 redesignated subsecs.

(e) and (f) as (d) and (e), respectively. Former subsec. (d),

which provided for consultation with the Product Safety Advisory

Council by the Commission prior to commencing an action, was struck

out.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section

1215 of Pub. L. 97-35, set out as a note under section 2052 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2055, 2064, 2066 of this

title; title 42 section 300j-22.

-CITE-

15 USC Sec. 2062 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2062. Repealed. Pub. L. 97-35, title XII, Sec. 1211(b), Aug.

13, 1981, 95 Stat. 721

-MISC1-

Section, Pub. L. 92-573, Sec. 13, Oct. 27, 1972, 86 Stat. 1219,

provided that Commission could prescribe procedures to insure that

manufacturer of a new consumer product notify Commission of new

product prior to its distribution.

EFFECTIVE DATE OF REPEAL

Repeal effective Aug. 13, 1981, see section 1215 of Pub. L.

97-35, set out as an Effective Date of 1981 Amendment note under

section 2052 of this title.

-CITE-

15 USC Sec. 2063 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2063. Product certification and labeling

-STATUTE-

(a) Certification accompanying product; products with more than one

manufacturer

(1) Every manufacturer of a product which is subject to a

consumer product safety standard under this chapter and which is

distributed in commerce (and the private labeler of such product if

it bears a private label) shall issue a certificate which shall

certify that such product conforms to all applicable consumer

product safety standards, and shall specify any standard which is

applicable. Such certificate shall accompany the product or shall

otherwise be furnished to any distributor or retailer to whom the

product is delivered. Any certificate under this subsection shall

be based on a test of each product or upon a reasonable testing

program; shall state the name of the manufacturer or private

labeler issuing the certificate; and shall include the date and

place of manufacture.

(2) In the case of a consumer product for which there is more

than one manufacturer or more than one private labeler, the

Commission may by rule designate one or more of such manufacturers

or one or more of such private labelers (as the case may be) as the

persons who shall issue the certificate required by paragraph (1)

of this subsection, and may exempt all other manufacturers of such

product or all other private labelers of the product (as the case

may be) from the requirement under paragraph (1) to issue a

certificate with respect to such product.

(b) Rules to establish reasonable testing programs

The Commission may by rule prescribe reasonable testing programs

for consumer products which are subject to consumer product safety

standards under this chapter and for which a certificate is

required under subsection (a) of this section. Any test or testing

program on the basis of which a certificate is issued under

subsection (a) of this section may, at the option of the person

required to certify the product, be conducted by an independent

third party qualified to perform such tests or testing programs.

(c) Form and contents of labels

The Commission may by rule require the use and prescribe the form

and content of labels which contain the following information (or

that portion of it specified in the rule) -

(1) The date and place of manufacture of any consumer product.

(2) A suitable identification of the manufacturer of the

consumer product, unless the product bears a private label in

which case it shall identify the private labeler and shall also

contain a code mark which will permit the seller of such product

to identify the manufacturer thereof to the purchaser upon his

request.

(3) In the case of a consumer product subject to a consumer

product safety rule, a certification that the product meets all

applicable consumer product safety standards and a specification

of the standards which are applicable.

Such labels, where practicable, may be required by the Commission

to be permanently marked on or affixed to any such consumer

product. The Commission may, in appropriate cases, permit

information required under paragraphs (1) and (2) of this

subsection to be coded.

-SOURCE-

(Pub. L. 92-573, Sec. 14, Oct. 27, 1972, 86 Stat. 1220.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2066, 2068, 2082 of this

title.

-CITE-

15 USC Sec. 2064 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2064. Substantial product hazards

-STATUTE-

(a) ''Substantial product hazard'' defined

For purposes of this section, the term ''substantial product

hazard'' means -

(1) a failure to comply with an applicable consumer product

safety rule which creates a substantial risk of injury to the

public, or

(2) a product defect which (because of the pattern of defect,

the number of defective products distributed in commerce, the

severity of the risk, or otherwise) creates a substantial risk of

injury to the public.

(b) Noncompliance with applicable consumer product safety rules;

product defects; notice to Commission by manufacturer,

distributor, or retailer

Every manufacturer of a consumer product distributed in commerce,

and every distributor and retailer of such product, who obtains

information which reasonably supports the conclusion that such

product -

(1) fails to comply with an applicable consumer product safety

rule or with a voluntary consumer product safety standard upon

which the Commission has relied under section 2058 of this title;

(2) contains a defect which could create a substantial product

hazard described in subsection (a)(2) of this section; or

(3) creates an unreasonable risk of serious injury or death,

shall immediately inform the Commission of such failure to comply,

of such defect, or of such risk, unless such manufacturer,

distributor, or retailer has actual knowledge that the Commission

has been adequately informed of such defect, failure to comply, or

such risk.

(c) Public notice of defect or failure to comply; mail notice

If the Commission determines (after affording interested persons,

including consumers and consumer organizations, an opportunity for

a hearing in accordance with subsection (f) of this section) that a

product distributed in commerce presents a substantial product

hazard and that notification is required in order to adequately

protect the public from such substantial product hazard, the

Commission may order the manufacturer or any distributor or

retailer of the product to take any one or more of the following

actions:

(1) To give public notice of the defect or failure to comply.

(2) To mail notice to each person who is a manufacturer,

distributor, or retailer of such product.

(3) To mail notice to every person to whom the person required

to give notice knows such product was delivered or sold.

Any such order shall specify the form and content of any notice

required to be given under such order.

(d) Repair; replacement; refunds; action plan

If the Commission determines (after affording interested parties,

including consumers and consumer organizations, an opportunity for

a hearing in accordance with subsection (f) of this section) that a

product distributed in commerce presents a substantial product

hazard and that action under this subsection is in the public

interest, it may order the manufacturer or any distributor or

retailer of such product to take whichever of the following actions

the person to whom the order is directed elects:

(1) To bring such product into conformity with the requirements

of the applicable consumer product safety rule or to repair the

defect in such product.

(2) To replace such product with a like or equivalent product

which complies with the applicable consumer product safety rule

or which does not contain the defect.

(3) To refund the purchase price of such product (less a

reasonable allowance for use, if such product has been in the

possession of a consumer for one year or more (A) at the time of

public notice under subsection (c) of this section, or (B) at the

time the consumer receives actual notice of the defect or

noncompliance, whichever first occurs).

An order under this subsection may also require the person to whom

it applies to submit a plan, satisfactory to the Commission, for

taking action under whichever of the preceding paragraphs of this

subsection under which such person has elected to act. The

Commission shall specify in the order the persons to whom refunds

must be made if the person to whom the order is directed elects to

take action described in paragraph (3). If an order under this

subsection is directed to more than one person, the Commission

shall specify which person has the election under this subsection.

An order under this subsection may prohibit the person to whom it

applies from manufacturing for sale, offering for sale,

distributing in commerce, or importing into the customs territory

of the United States (as defined in general note 2 of the

Harmonized Tariff Schedule of the United States), or from doing any

combination of such actions, the product with respect to which the

order was issued.

(e) Reimbursement

(1) No charge shall be made to any person (other than a

manufacturer, distributor, or retailer) who avails himself of any

remedy provided under an order issued under subsection (d) of this

section, and the person subject to the order shall reimburse each

person (other than a manufacturer, distributor, or retailer) who is

entitled to such a remedy for any reasonable and foreseeable

expenses incurred by such person in availing himself of such

remedy.

(2) An order issued under subsection (c) or (d) of this section

with respect to a product may require any person who is a

manufacturer, distributor, or retailer of the product to reimburse

any other person who is a manufacturer, distributor, or retailer of

such product for such other person's expenses in connection with

carrying out the order, if the Commission determines such

reimbursement to be in the public interest.

(f) Hearing

An order under subsection (c) or (d) of this section may be

issued only after an opportunity for a hearing in accordance with

section 554 of title 5 except that, if the Commission determines

that any person who wishes to participate in such hearing is a part

of a class of participants who share an identity of interest, the

Commission may limit such person's participation in such hearing to

participation through a single representative designated by such

class (or by the Commission if such class fails to designate such a

representative). Any settlement offer which is submitted to the

presiding officer at a hearing under this subsection shall be

transmitted by the officer to the Commission for its consideration

unless the settlement offer is clearly frivolous or duplicative of

offers previously made.

(g) Preliminary injunction

(1) If the Commission has initiated a proceeding under this

section for the issuance of an order under subsection (d) of this

section with respect to a product which the Commission has reason

to believe presents a substantial product hazard, the Commission

(without regard to section 2076(b)(7) of this title) or the

Attorney General may, in accordance with section 2061(d)(1) of this

title, apply to a district court of the United States for the

issuance of a preliminary injunction to restrain the distribution

in commerce of such product pending the completion of such

proceeding. If such a preliminary injunction has been issued, the

Commission (or the Attorney General if the preliminary injunction

was issued upon an application of the Attorney General) may apply

to the issuing court for extensions of such preliminary injunction.

(2) Any preliminary injunction, and any extension of a

preliminary injunction, issued under this subsection with respect

to a product shall be in effect for such period as the issuing

court prescribes not to exceed a period which extends beyond the

thirtieth day from the date of the issuance of the preliminary

injunction (or, in the case of a preliminary injunction which has

been extended, the date of its extension) or the date of the

completion or termination of the proceeding under this section

respecting such product, whichever date occurs first.

(3) The amount in controversy requirement of section 1331 of

title 28 does not apply with respect to the jurisdiction of a

district court of the United States to issue or exend (FOOTNOTE 1)

a preliminary injunction under this subsection.

(FOOTNOTE 1) So in original. Probably should be ''extend''.

(h) Cost-benefit analysis of notification or other action not

required

Nothing in this section shall be construed to require the

Commission, in determining that a product distributed in commerce

presents a substantial product hazard and that notification or

other action under this section should be taken, to prepare a

comparison of the costs that would be incurred in providing

notification or taking other action under this section with the

benefits from such notification or action.

-SOURCE-

(Pub. L. 92-573, Sec. 15, Oct. 27, 1972, 86 Stat. 1221; Pub. L.

94-284, Sec. 12(a), May 11, 1976, 90 Stat. 508; Pub. L. 97-35,

title XII, Sec. 1211(h)(4), Aug. 13, 1981, 95 Stat. 723; Pub. L.

97-414, Sec. 9(j)(3), (m), Jan. 4, 1983, 96 Stat. 2064, 2065; Pub.

L. 100-418, title I, Sec. 1214(d), Aug. 23, 1988, 102 Stat. 1156;

Pub. L. 101-608, title I, Sec. 111(a)(2), 112(a), 113, Nov. 16,

1990, 104 Stat. 3114, 3115, 3117.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (d), is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of Title

19, Customs Duties.

-MISC2-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-608, Sec. 112(a)(4), (5), in

concluding provisions substituted ''comply, of such defect, or of

such risk'' for ''comply or of such defect'' and ''defect, failure

to comply, or such risk'' for ''defect or failure to comply''.

Subsec. (b)(1). Pub. L. 101-608, Sec. 112(a)(1), inserted

reference to voluntary consumer product safety standard upon which

Commission has relied under section 2058 of this title.

Subsec. (b)(3). Pub. L. 101-608, Sec. 112(a)(2), (3), added par.

(3).

Subsec. (f). Pub. L. 101-608, Sec. 113, inserted at end ''Any

settlement offer which is submitted to the presiding officer at a

hearing under this subsection shall be transmitted by the officer

to the Commission for its consideration unless the settlement offer

is clearly frivolous or duplicative of offers previously made.''

Subsec. (h). Pub. L. 101-608, Sec. 111(a)(2), added subsec. (h).

1988 - Subsec. (d). Pub. L. 100-418 substituted ''general note 2

of the Harmonized Tariff Schedule of the United States'' for

''general headnote 2 to the Tariff Schedules of the United States''

in last sentence.

1983 - Subsec. (g)(1). Pub. L. 97-414 clarified previous

inconsistencies in 1982 amendment by substituting ''section

206(d)(1)'' for ''section 206(c)(1)'' and amending Pub. L. 97-35,

Sec. 1211(h)(4), so as to strike out direction that par. (1) be

amended by inserting '', Science and Transportation'' after ''on

Commerce''.

1981 - Subsec. (g)(1). Pub. L. 97-35, Sec. 1211(h)(4),

substituted reference to section 2061(c)(1) for reference to

section 2061(e)(1), but probably should have substituted instead

reference to section 2061(d)(1) in view of the redesignation of

section 2061(e)(1) as section 2061(d)(1) by section 1205(a)(2) of

Pub. L. 97-35 and the nonexistence of a section 2061(c)(1) of this

title. Provisions of Pub. L. 97-35 directing that '', Science and

Transportation'' be inserted after ''on Commerce'' could not be

executed in view of lack of such language in text. Section

1211(h)(4) of Pub. L. 97-35 was subsequently amended by Pub. L.

97-414. See 1983 Amendment note above.

1976 - Subsec. (d). Pub. L. 94-284, Sec. 12(a)(1), provided, in

provision following par. (3), that an order issued under this

subsection may prohibit the person to whom it applies from

manufacturing for sale, offering for sale, distributing in

commerce, or importing into the customs territory of the United

States, the product for which the order was issued.

Subsec. (g). Pub. L. 94-284, Sec. 12(a)(2), added subsec. (g).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective

Date note under section 3001 of Title 19, Customs Duties.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section

1215 of Pub. L. 97-35, set out as a note under section 2052 of this

title.

REPORTING REQUIREMENTS

Pub. L. 103-267, title I, Sec. 102, June 16, 1994, 108 Stat. 726,

provided that:

''(a) Reports to Consumer Product Safety Commission. -

''(1) Requirement to report. - Each manufacturer, distributor,

retailer, and importer of a marble, small ball, or latex balloon,

or a toy or game that contains a marble, small ball, latex

balloon, or other small part, shall report to the Commission any

information obtained by such manufacturer, distributor, retailer,

or importer which reasonably supports the conclusion that -

''(A) an incident occurred in which a child (regardless of

age) choked on such a marble, small ball, or latex balloon or

on a marble, small ball, latex balloon, or other small part

contained in such toy or game; and

''(B) as a result of that incident the child died, suffered

serious injury, ceased breathing for any length of time, or was

treated by a medical professional.

''(2) Treatment under cpsa. - For purposes of section 19(a)(3)

of the Consumer Product Safety Act (15 U.S.C. 2068(a)(3)), the

requirement to report information under this subsection is deemed

to be a requirement under such Act (15 U.S.C. 2051 et seq.).

''(3) Effect on liability. - A report by a manufacturer,

distributor, retailer, or importer under paragraph (1) shall not

be interpreted, for any purpose, as an admission of liability or

of the truth of the information contained in the report.

''(b) Confidentiality Protections. - The confidentiality

protections of section 6(b) of the Consumer Product Safety Act (15

U.S.C. 2055(b)) apply to any information reported to the Commission

under subsection (a) of this section. For purposes of section

6(b)(5) of such Act, information so reported shall be treated as

information submitted pursuant to section 15(b) of such Act (15

U.S.C. 2064(b)) respecting a consumer product.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2055, 2066, 2068, 2071,

2073 of this title; title 42 section 300j-22.

-CITE-

15 USC Sec. 2065 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2065. Inspection and recordkeeping

-STATUTE-

(a) For purposes of implementing this chapter, or rules or orders

prescribed under this chapter, officers or employees duly

designated by the Commission, upon presenting appropriate

credentials and a written notice from the Commission to the owner,

operator, or agent in charge, are authorized -

(1) to enter, at reasonable times, (A) any factory, warehouse,

or establishment in which consumer products are manufactured or

held, in connection with distribution in commerce, or (B) any

conveyance being used to transport consumer products in

connection with distribution in commerce; and

(2) to inspect, at reasonable times and in a reasonable manner

such conveyance or those areas of such factory, warehouse, or

establishment where such products are manufactured, held, or

transported and which may relate to the safety of such products.

Each such inspection shall be commenced and completed with

reasonable promptness.

(b) Every person who is a manufacturer, private labeler, or

distributor of a consumer product shall establish and maintain such

records, make such reports, and provide such information as the

Commission may, by rule, reasonably require for the purposes of

implementing this chapter, or to determine compliance with rules or

orders prescribed under this chapter. Upon request of an officer

or employee duly designated by the Commission, every such

manufacturer, private labeler, or distributor shall permit the

inspection of appropriate books, records, and papers relevant to

determining whether such manufacturer, private labeler, or

distributor has acted or is acting in compliance with this chapter

and rules under this chapter.

-SOURCE-

(Pub. L. 92-573, Sec. 16, Oct. 27, 1972, 86 Stat. 1222.)

-CITE-

15 USC Sec. 2066 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2066. Imported products

-STATUTE-

(a) Refusal of admission

Any consumer product offered for importation into the customs

territory of the United States (as defined in general note 2 of the

Harmonized Tariff Schedule of the United States) shall be refused

admission into such customs territory if such product -

(1) fails to comply with an applicable consumer product safety

rule;

(2) is not accompanied by a certificate required by section

2063 of this title, or is not labeled in accordance with

regulations under section 2063(c) of this title;

(3) is or has been determined to be an imminently hazardous

consumer product in a proceeding brought under section 2061 of

this title;

(4) has a product defect which constitutes a substantial

product hazard (within the meaning of section 2064(a)(2)) of this

title; or

(5) is a product which was manufactured by a person who the

Commission has informed the Secretary of the Treasury is in

violation of subsection (g) of this section.

(b) Samples

The Secretary of the Treasury shall obtain without charge and

deliver to the Commission, upon the latter's request, a reasonable

number of samples of consumer products being offered for import.

Except for those owners or consignees who are or have been afforded

an opportunity for a hearing in a proceeding under section 2061 of

this title with respect to an imminently hazardous product, the

owner or consignee of the product shall be afforded an opportunity

by the Commission for a hearing in accordance with section 554 of

title 5 with respect to the importation of such products into the

customs territory of the United States. If it appears from

examination of such samples or otherwise that a product must be

refused admission under the terms of subsection (a) of this

section, such product shall be refused admission, unless subsection

(c) of this section applies and is complied with.

(c) Modification

If it appears to the Commission that any consumer product which

may be refused admission pursuant to subsection (a) of this section

can be so modified that it need not (under the terms of paragraphs

(1) through (4) of subsection (a) of this section) be refused

admission, the Commission may defer final determination as to the

admission of such product and, in accordance with such regulations

as the Commission and the Secretary of the Treasury shall jointly

agree to, permit such product to be delivered from customs custody

under bond for the purpose of permitting the owner or consignee an

opportunity to so modify such product.

(d) Supervision of modifications

All actions taken by an owner or consignee to modify such product

under subsection (c) of this section shall be subject to the

supervision of an officer or employee of the Commission and of the

Department of the Treasury. If it appears to the Commission that

the product cannot be so modified or that the owner or consignee is

not proceeding satisfactorily to modify such product, it shall be

refused admission into the customs territory of the United States,

and the Commission may direct the Secretary to demand redelivery of

the product into customs custody, and to seize the product in

accordance with section 2071(b) of this title if it is not so

redelivered.

(e) Product destruction

Products refused admission into the customs territory of the

United States under this section must be exported, except that upon

application, the Secretary of the Treasury may permit the

destruction of the product in lieu of exportation. If the owner or

consignee does not export the product within a reasonable time, the

Department of the Treasury may destroy the product.

(f) Payment of expenses occasioned by refusal of admission

All expenses (including travel, per diem or subsistence, and

salaries of officers or employees of the United States) in

connection with the destruction provided for in this section (the

amount of such expenses to be determined in accordance with

regulations of the Secretary of the Treasury) and all expenses in

connection with the storage, cartage, or labor with respect to any

consumer product refused admission under this section, shall be

paid by the owner or consignee and, in default of such payment,

shall constitute a lien against any future importations made by

such owner or consignee.

(g) Importation conditioned upon manufacturer's compliance

The Commission may, by rule, condition the importation of a

consumer product on the manufacturer's compliance with the

inspection and recordkeeping requirements of this chapter and the

Commission's rules with respect to such requirements.

(h) Product surveillance program

(1) The Commission shall establish and maintain a permanent

product surveillance program, in cooperation with other appropriate

Federal agencies, for the purpose of carrying out the Commission's

responsibilities under this chapter and the other Acts administered

by the Commission and preventing the entry of unsafe consumer

products into the commerce of the United States.

(2) The Commission may provide to the agencies with which it is

cooperating under paragraph (1) such information, data, violator

lists, test results, and other support, guidance, and documents as

may be necessary or helpful for such agencies to cooperate with the

Commission to carry out the product surveillance program under

paragraph (1).

(3) The Commission shall periodically report to the Congress the

results of the surveillance program under paragraph (1).

-SOURCE-

(Pub. L. 92-573, Sec. 17, Oct. 27, 1972, 86 Stat. 1223; Pub. L.

100-418, title I, Sec. 1214(d), Aug. 23, 1988, 102 Stat. 1156; Pub.

L. 101-608, title I, Sec. 114, Nov. 16, 1990, 104 Stat. 3118.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (a), is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of Title

19, Customs Duties.

-MISC2-

AMENDMENTS

1990 - Subsec. (h). Pub. L. 101-608 added subsec. (h).

1988 - Subsec. (a). Pub. L. 100-418 substituted ''general note 2

of the Harmonized Tariff Schedule of the United States'' for

''general headnote 2 to the Tariff Schedules of the United

States''.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective

Date note under section 3001 of Title 19, Customs Duties.

-CITE-

15 USC Sec. 2067 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2067. Exemption of exports

-STATUTE-

(a) Risk of injury to consumers within United States

This chapter shall not apply to any consumer product if (1) it

can be shown that such product is manufactured, sold, or held for

sale for export from the United States (or that such product was

imported for export), unless (A) such consumer product is in fact

distributed in commerce for use in the United States, or (B) the

Commission determines that exportation of such product presents an

unreasonable risk of injury to consumers within the United States,

and (2) such consumer product when distributed in commerce, or any

container in which it is enclosed when so distributed, bears a

stamp or label stating that such consumer product is intended for

export; except that this chapter shall apply to any consumer

product manufactured for sale, offered for sale, or sold for

shipment to any installation of the United States located outside

of the United States.

(b) Statement of exportation: filing period, information;

notification of foreign country; petition for minimum filing

period: good cause

Not less than thirty days before any person exports to a foreign

country any product -

(1) which is not in conformity with an applicable consumer

product safety standard in effect under this chapter, or

(2) which is declared to be a banned hazardous substance by a

rule promulgated under section 2058 of this title,

such person shall file a statement with the Commission notifying

the Commission of such exportation, and the Commission, upon

receipt of such statement, shall promptly notify the government of

such country of such exportation and the basis for such safety

standard or rule. Any statement filed with the Commission under

the preceding sentence shall specify the anticipated date of

shipment of such product, the country and port of destination of

such product, and the quantity of such product that will be

exported, and shall contain such other information as the

Commission may by regulation require. Upon petition filed with the

Commission by any person required to file a statement under this

subsection respecting an exportation, the Commission may, for good

cause shown, exempt such person from the requirement of this

subsection that such a statement be filed no less than thirty days

before the date of the exportation, except that in no case shall

the Commission permit such a statement to be filed later than the

tenth day before such date.

-SOURCE-

(Pub. L. 92-573, Sec. 18, Oct. 27, 1972, 86 Stat. 1224; Pub. L.

95-631, Sec. 6(a), Nov. 10, 1978, 92 Stat. 3745.)

-MISC1-

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-631 designated existing text as

subsec. (a) and cl. (A) and in subsec. (a), as so designated, added

cl. (B), and added subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2068 of this title.

-CITE-

15 USC Sec. 2068 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2068. Prohibited acts

-STATUTE-

(a) Designation

It shall be unlawful for any person to -

(1) manufacture for sale, offer for sale, distribute in

commerce, or import into the United States any consumer product

which is not in conformity with an applicable consumer product

safety standard under this chapter;

(2) manufacture for sale, offer for sale, distribute in

commerce, or import into the United States any consumer product

which has been declared a banned hazardous product by a rule

under this chapter;

(3) fail or refuse to permit access to or copying of records,

or fail or refuse to establish or maintain records, or fail or

refuse to make reports or provide information, or fail or refuse

to permit entry or inspection, as required under this chapter or

rule thereunder;

(4) fail to furnish information required by section 2064(b) of

this title;

(5) fail to comply with an order issued under section 2064(c)

or (d) of this title (relating to notification, to repair,

replacement, and refund, and to prohibited acts);

(6) fail to furnish a certificate required by section 2063 of

this title or issue a false certificate if such person in the

exercise of due care has reason to know that such certificate is

false or misleading in any material respect; or to fail to comply

with any rule under section 2063(c) of this title (relating to

labeling);

(7) fail to comply with any rule under section 2058(g)(2) of

this title (relating to stockpiling); or (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Words ''or'' and ''and'' probably

should not appear at the end of pars. (7) and (8). The period at

the end of par. (9) probably should be a semicolon, and the period

at the end of par. (10) probably should be a semicolon followed by

''or''.

(8) fail to comply with any rule under section 2076(e) of this

title (relating to provision of performance and technical data);

and (FOOTNOTE 1)

(9) fail to comply with any rule or requirement under section

2082 of this title (relating to labeling and testing of cellulose

insulation). (FOOTNOTE 1)

(10) fail to file a statement with the Commission pursuant to

section 2067(b) of this title. (FOOTNOTE 1)

(11) fail to furnish information required by section 2084 of

this title.

(b) Exception

Paragraphs (1) and (2) of subsection (a) of this section shall

not apply to any person (1) who holds a certificate issued in

accordance with section 2063(a) of this title to the effect that

such consumer product conforms to all applicable consumer product

safety rules, unless such person knows that such consumer product

does not conform, or (2) who relies in good faith on the

representation of the manufacturer or a distributor of such product

that the product is not subject to an applicable product safety

rule.

-SOURCE-

(Pub. L. 92-573, Sec. 19, Oct. 27, 1972, 86 Stat. 1224; Pub. L.

94-284, Sec. 12(b), 13(a), May 11, 1976, 90 Stat. 508, 509; Pub. L.

95-319, Sec. 3(b), July 11, 1978, 92 Stat. 390; Pub. L. 95-631,

Sec. 6(b), Nov. 10, 1978, 92 Stat. 3745; Pub. L. 97-414, Sec.

9(j)(4), Jan. 4, 1983, 96 Stat. 2064; Pub. L. 101-608, title I,

Sec. 112(d), Nov. 16, 1990, 104 Stat. 3117.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a)(11). Pub. L. 101-608 added par. (11).

1983 - Subsec. (a)(7). Pub. L. 97-414, Sec. 9(j)(4)(A),

substituted ''section 2058(g)(2)'' for ''section 2058(d)(2)''.

Subsec. (a)(8). Pub. L. 97-414, Sec. 9(j)(4)(B), redesignated

par. (9) as (8) and struck out former par. (8) which made it

unlawful for any person to fail to comply with any rule under

section 2062 of this title (relating to prior notice and

description of new consumer products).

Subsec. (a)(9), (10). Pub. L. 97-414, Sec. 9(j)(4)(B),

redesignated par. (10), as added by Pub. L. 95-319, as (9). Former

par. (9) redesignated (8).

1978 - Subsec. (a)(10). Pub. L. 95-631 added par. (10), providing

that it be unlawful to fail to file a statement with the Commission

pursuant to section 2067(b) of this title.

Pub. L. 95-319 added par. (10), providing that it be unlawful to

fail to comply with any rule or requirement under section 2082 of

this title.

1976 - Subsec. (a). Pub. L. 94-284 substituted ''to'' for ''and

to'' and inserted '', and to prohibited acts'' after ''refund'' in

par. (5), inserted ''or fail or refuse to establish or maintain

records,'' after ''copying of records,'' in par. (3), and added

pars. (8) and (9).

DUTY TO REPORT CHOKING INCIDENTS CAUSED BY CHILDREN'S TOYS OR GAMES

For purposes of subsec. (a)(3) of this section, requirement to

report information relating to choking incidents caused by

children's toys or games to Consumer Product Safety Commission

deemed a requirement under this chapter, see section 102 of Pub. L.

103-267, set out as a Reporting Requirements note under section

2064 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2055, 2069, 2070, 2071 of

this title.

-CITE-

15 USC Sec. 2069 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2069. Civil penalties

-STATUTE-

(a) Amount of penalty

(1) Any person who knowingly violates section 2068 of this title

shall be subject to a civil penalty not to exceed $5,000 for each

such violation. Subject to paragraph (2), a violation of section

2068(a)(1), (2), (4), (5), (6), (7), (8), (9), (10), or (11) of

this title shall constitute a separate offense with respect to each

consumer product involved, except that the maximum civil penalty

shall not exceed $1,250,000 for any related series of violations.

A violation of section 2068(a)(3) of this title shall constitute a

separate violation with respect to each failure or refusal to allow

or perform an act required thereby; and, if such violation is a

continuing one, each day of such violation shall constitute a

separate offense, except that the maximum civil penalty shall not

exceed $1,250,000 for any related series of violations.

(2) The second sentence of paragraph (1) of this subsection shall

not apply to violations of paragraph (1) or (2) of section 2068(a)

of this title -

(A) if the person who violated such paragraphs is not the

manufacturer or private labeler or a distributor of the products

involved, and

(B) if such person did not have either (i) actual knowledge

that his distribution or sale of the product violated such

paragraphs or (ii) notice from the Commission that such

distribution or sale would be a violation of such paragraphs.

(3)(A) The maximum penalty amounts authorized in paragraph (1)

shall be adjusted for inflation as provided in this paragraph.

(B) Not later than December 1, 1994, and December 1 of each fifth

calendar year thereafter, the Commission shall prescribe and

publish in the Federal Register a schedule of maximum authorized

penalties that shall apply for violations that occur after January

1 of the year immediately following such publication.

(C) The schedule of maximum authorized penalties shall be

prescribed by increasing each of the amounts referred to in

paragraph (1) by the cost-of-living adjustment for the preceding

five years. Any increase determined under the preceding sentence

shall be rounded to -

(i) in the case of penalties greater than $1,000 but less than

or equal to $10,000, the nearest multiple of $1,000;

(ii) in the case of penalties greater than $10,000 but less

than or equal to $100,000, the nearest multiple of $5,000;

(iii) in the case of penalties greater than $100,000 but less

than or equal to $200,000, the nearest multiple of $10,000; and

(iv) in the case of penalties greater than $200,000, the

nearest multiple of $25,000.

(D) For purposes of this subsection:

(i) The term ''Consumer Price Index'' means the Consumer Price

Index for all-urban consumers published by the Department of

Labor.

(ii) The term ''cost-of-living adjustment for the preceding

five years'' means the percentage by which -

(I) the Consumer Price Index for the month of June of the

calendar year preceding the adjustment; exceeds

(II) the Consumer Price Index for the month of June preceding

the date on which the maximum authorized penalty was last

adjusted.

(b) Relevant factors in determining amount of penalty

In determining the amount of any penalty to be sought upon

commencing an action seeking to assess a penalty for a violation of

section 2068(a) of this title, the Commission shall consider the

nature of the product defect, the severity of the risk of injury,

the occurrence or absence of injury, the number of defective

products distributed, and the appropriateness of such penalty in

relation to the size of the business of the person charged.

(c) Compromise of penalty; deductions from penalty

Any civil penalty under this section may be compromised by the

Commission. In determining the amount of such penalty or whether it

should be remitted or mitigated and in what amount, the Commission

shall consider the appropriateness of such penalty to the size of

the business of the person charged, the nature of the product

defect, the severity of the risk of injury, the occurrence or

absence of injury, and the number of defective products

distributed. The amount of such penalty when finally determined,

or the amount agreed on compromise, may be deducted from any sums

owing by the United States to the person charged.

(d) ''Knowingly'' defined

As used in the first sentence of subsection (a)(1) of this

section, the term ''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.

-SOURCE-

(Pub. L. 92-573, Sec. 20, Oct. 27, 1972, 86 Stat. 1225; Pub. L.

94-284, Sec. 13(b), May 11, 1976, 90 Stat. 509; Pub. L. 95-631,

Sec. 6(c), Nov. 10, 1978, 92 Stat. 3745; Pub. L. 97-35, title XII,

Sec. 1211(c), Aug. 13, 1981, 95 Stat. 721; Pub. L. 101-608, title

I, Sec. 112(e), 115(a), Nov. 16, 1990, 104 Stat. 3117, 3118.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a)(1). Pub. L. 101-608, Sec. 112(e), 115(a)(1),

(2), substituted ''$5,000'' for ''$2,000'', and ''(10), or (11)''

for ''or (10)'', and substituted ''$1,250,000'' for ''$500,000'' in

two places.

Subsec. (a)(3). Pub. L. 101-608, Sec. 115(a)(3), added par. (3).

1981 - Subsecs. (b) to (d). Pub. L. 97-35 added subsec. (b),

redesignated former subsec. (b) as (c), substituted ''the

Commission shall consider the appropriateness of such penalty to

the size of the business of the person charged, the nature of the

product defect, the severity of the risk of injury, the occurrence

or absence of injury, and the number of defective products

distributed'' for ''the appropriateness of such penalty to the size

of the business of the person charged and the gravity of the

violation shall be considered'', and redesignated subsec. (c) as

(d).

1978 - Subsec. (a)(1). Pub. L. 95-631 made violation of section

2068(a)(10) of this title a separate offense.

1976 - Subsec. (a)(1). Pub. L. 94-284 inserted reference to pars.

(8) and (9).

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section

1215 of Pub. L. 97-35, set out as a note under section 2052 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2055 of this title.

-CITE-

15 USC Sec. 2070 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2070. Criminal penalties

-STATUTE-

(a) Any person who knowingly and willfully violates section 2068

of this title after having received notice of noncompliance from

the Commission shall be fined not more than $50,000 or be

imprisoned not more than one year, or both.

(b) Any individual director, officer, or agent of a corporation

who knowingly and willfully authorizes, orders, or performs any of

the acts or practices constituting in whole or in part a violation

of section 2068 of this title, and who has knowledge of notice of

noncompliance received by the corporation from the Commission,

shall be subject to penalties under this section without regard to

any penalties to which that corporation may be subject under

subsection (a) of this section.

-SOURCE-

(Pub. L. 92-573, Sec. 21, Oct. 27, 1972, 86 Stat. 1225.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2055 of this title.

-CITE-

15 USC Sec. 2071 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2071. Injunctive enforcement and seizure

-STATUTE-

(a) Jurisdiction

The United States district courts shall have jurisdiction to take

the following action:

(1) Restrain any violation of section 2068 of this title.

(2) Restrain any person from manufacturing for sale, offering

for sale, distributing in commerce, or importing into the United

States a product in violation of an order in effect under section

2064(d) of this title.

(3) Restrain any person from distributing in commerce a product

which does not comply with a consumer product safety rule.

Such actions may be brought by the Commission (without regard to

section 2076(b)(7)(A) of this title) or by the Attorney General in

any United States district court for a district wherein any act,

omission, or transaction constituting the violation occurred, or in

such court for the district wherein the defendant is found or

transacts business. In any action under this section process may

be served on a defendant in any other district in which the

defendant resides or may be found.

(b) Products liable to proceeding

Any consumer product -

(1) which fails to conform with an applicable consumer product

safety rule, or

(2) the manufacture for sale, offering for sale, distribution

in commerce, or the importation into the United States of which

has been prohibited by an order in effect under section 2064(d)

of this title,

when introduced into or while in commerce or while held for sale

after shipment in commerce shall be liable to be proceeded against

on libel of information and condemned in any district court of the

United States within the jurisdiction of which such consumer

product is found. Proceedings in cases instituted under the

authority of this subsection shall conform as nearly as possible to

proceedings in rem in admiralty. Whenever such proceedings

involving substantially similar consumer products are pending in

courts of two or more judicial districts they shall be consolidated

for trial by order of any such court upon application reasonably

made by any party in interest upon notice to all other parties in

interest.

-SOURCE-

(Pub. L. 92-573, Sec. 22, Oct. 27, 1972, 86 Stat. 1225; Pub. L.

94-284, Sec. 11(b), 12(c), May 11, 1976, 90 Stat. 507, 508.)

-MISC1-

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-284, Sec. 11(b), 12(c)(1),

designated existing provision as par. (1) and (3), added par. (2),

and in provision following par. (3) substituted ''(without regard

to section 2076(b)(7)(A) of this title)'' for ''(with the

concurrence of the Attorney General)''.

Subsec. (b). Pub. L. 94-284, Sec. 12(c)(2), amended subsec. (b)

generally, inserting provision designated as par. (2) which

included within consumer products liable to proceedings, a product

of which the manufacture for sale, offering for sale, distribution

in commerce, or importation into the United States has been

prohibited.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2055, 2066 of this title.

-CITE-

15 USC Sec. 2072 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2072. Suits for damages

-STATUTE-

(a) Persons injured; costs; amount in controversy

Any person who shall sustain injury by reason of any knowing

(including willful) violation of a consumer product safety rule, or

any other rule or order issued by the Commission may sue any person

who knowingly (including willfully) violated any such rule or order

in any district court of the United States in the district in which

the defendant resides or is found or has an agent, shall recover

damages sustained and may, if the court determines it to be in the

interest of justice, recover the costs of suit, including

reasonable attorneys' fees (determined in accordance with section

2060(f) of this title) and reasonable expert witnesses' fees:

Provided, That the matter in controversy exceeds the sum or value

of $10,000, exclusive of interest and cost, unless such action is

brought against the United States, any agency thereof, or any

officer or employee thereof in his official capacity.

(b) Denial and imposition of costs

Except when express provision is made in a statute of the United

States, in any case in which the plaintiff is finally adjudged to

be entitled to recover less than the sum or value of $10,000,

computed without regard to any setoff or counterclaim to which the

defendant may be adjudged to be entitled, and exclusive of

interests and costs, the district court may deny costs to the

plaintiff and, in addition, may impose costs on the plaintiff.

(c) Remedies available

The remedies provided for in this section shall be in addition to

and not in lieu of any other remedies provided by common law or

under Federal or State law.

-SOURCE-

(Pub. L. 92-573, Sec. 23, Oct. 27, 1972, 86 Stat. 1226; Pub. L.

94-284, Sec. 10(c), May 11, 1976, 90 Stat. 507; Pub. L. 96-486,

Sec. 3, Dec. 1, 1980, 94 Stat. 2369; Pub. L. 97-35, title XII, Sec.

1211(h)(3)(B), Aug. 13, 1981, 95 Stat. 723.)

-MISC1-

AMENDMENTS

1981 - Subsec. (a). Pub. L. 97-35 substituted ''section 2060(f)

of this title'' for ''section 2059(e)(4) of this title''.

1980 - Subsec. (a). Pub. L. 96-486, Sec. 3(a), struck out

provision subjecting actions under this section to section 1331 of

title 28 as to the amount in controversy and inserted proviso

establishing minimum amount in controversy and excepting actions

brought against the United States, or agencies, officers, or

employees thereof.

Subsecs. (b), (c). Pub. L. 96-486, Sec. 3(b), added subsec. (b)

and redesignated former subsec. (b) as (c).

1976 - Subsec. (a). Pub. L. 94-284 substituted ''shall'' for

''and shall'' and provision permitting the court to award costs in

the interest of justice for a prior provision which permitted the

court to award costs in its discretion.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section

1215 of Pub. L. 97-35, set out as a note under section 2052 of this

title.

EFFECTIVE DATE OF 1980 AMENDMENT; APPLICABILITY

For effective date and applicability of amendment by Pub. L.

96-486, see section 4 of Pub. L. 96-486, set out as an Effective

Date of 1980 Amendment note under section 1331 of Title 28,

Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2060 of this title.

-CITE-

15 USC Sec. 2073 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2073. Private enforcement

-STATUTE-

Any interested person (including any individual or nonprofit,

business, or other entity) may bring an action in any United States

district court for the district in which the defendant is found or

transacts business to enforce a consumer product safety rule or an

order under section 2064 of this title, and to obtain appropriate

injunctive relief. Not less than thirty days prior to the

commencement of such action, such interested persons shall give

notice by registered mail to the Commission, to the Attorney

General, and to the person against whom such action is directed.

Such notice shall state the nature of the alleged violation of any

such standard or order, the relief to be requested, and the court

in which the action will be brought. No separate suit shall be

brought under this section if at the time the suit is brought the

same alleged violation is the subject of a pending civil or

criminal action by the United States under this chapter. In any

action under this section the court may in the interest of justice

award the costs of suit, including reasonable attorneys' fees

(determined in accordance with section 2060(f) of this title) and

reasonable expert witnesses' fees.

-SOURCE-

(Pub. L. 92-573, Sec. 24, Oct. 27, 1972, 86 Stat. 1226; Pub. L.

94-284, Sec. 10(d), May 11, 1976, 90 Stat. 507; Pub. L. 97-35,

title XII, Sec. 1211(a), (h)(3)(C), Aug. 13, 1981, 95 Stat. 721,

723.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-35 substituted ''Any interested person

(including any individual or nonprofit, business, or other

entity)'' for ''Any interested person'', and ''section 2060(f) of

this title'' for ''2059(e)(4) of this title''.

1976 - Pub. L. 94-284 substituted provision permitting the court

to award costs in the interest of justice for the provision which

permitted costs to be demanded as part of the complaint and the

court to award them to the prevailing party.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section

1215 of Pub. L. 97-35, set out as a note under section 2052 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1194, 1264, 2060 of this

title.

-CITE-

15 USC Sec. 2074 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2074. Private remedies

-STATUTE-

(a) Liability at common law or under State statute not relieved by

compliance

Compliance with consumer product safety rules or other rules or

orders under this chapter shall not relieve any person from

liability at common law or under State statutory law to any other

person.

(b) Evidence of Commission's inaction inadmissible in actions

relating to consumer products

The failure of the Commission to take any action or commence a

proceeding with respect to the safety of a consumer product shall

not be admissible in evidence in litigation at common law or under

State statutory law relating to such consumer product.

(c) Public information

Subject to sections 2055(a)(2) and 2055(b) of this title but

notwithstanding section 2055(a)(1) of this title, (1) any accident

or investigation report made under this chapter by an officer or

employee of the Commission shall be made available to the public in

a manner which will not identify any injured person or any person

treating him, without the consent of the person so identified, and

(2) all reports on research projects, demonstration projects, and

other related activities shall be public information.

-SOURCE-

(Pub. L. 92-573, Sec. 25, Oct. 27, 1972, 86 Stat. 1227.)

-CITE-

15 USC Sec. 2075 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2075. State standards

-STATUTE-

(a) State compliance to Federal standards

Whenever a consumer product safety standard under this chapter is

in effect and applies to a risk of injury associated with a

consumer product, no State or political subdivision of a State

shall have any authority either to establish or to continue in

effect any provision of a safety standard or regulation which

prescribes any requirements as to the performance, composition,

contents, design, finish, construction, packaging, or labeling of

such product which are designed to deal with the same risk of

injury associated with such consumer product, unless such

requirements are identical to the requirements of the Federal

standard.

(b) Consumer product safety requirements which impose performance

standards more stringent than Federal standards

Subsection (a) of this section does not prevent the Federal

Government or the government of any State or political subdivision

of a State from establishing or continuing in effect a safety

requirement applicable to a consumer product for its own use which

requirement is designed to protect against a risk of injury

associated with the product and which is not identical to the

consumer product safety standard applicable to the product under

this chapter if the Federal, State, or political subdivision

requirement provides a higher degree of protection from such risk

of injury than the standard applicable under this chapter.

(c) Exemptions

Upon application of a State or political subdivision of a State,

the Commission may by rule, after notice and opportunity for oral

presentation of views, exempt from the provisions of subsection (a)

of this section (under such conditions as it may impose in the

rule) any proposed safety standard or regulation which is described

in such application and which is designed to protect against a risk

of injury associated with a consumer product subject to a consumer

product safety standard under this chapter if the State or

political subdivision standard or regulation -

(1) provides a significantly higher degree of protection from

such risk of injury than the consumer product safety standard

under this chapter, and

(2) does not unduly burden interstate commerce.

In determining the burden, if any, of a State or political

subdivision standard or regulation on interstate commerce, the

Commission shall consider and make appropriate (as determined by

the Commission in its discretion) findings on the technological and

economic feasibility of complying with such standard or regulation,

the cost of complying with such standard or regulation, the

geographic distribution of the consumer product to which the

standard or regulation would apply, the probability of other States

or political subdivisions applying for an exemption under this

subsection for a similar standard or regulation, and the need for a

national, uniform standard under this chapter for such consumer

product.

-SOURCE-

(Pub. L. 92-573, Sec. 26, Oct. 27, 1972, 86 Stat. 1227; Pub. L.

94-284, Sec. 17(d), May 11, 1976, 90 Stat. 514.)

-MISC1-

AMENDMENTS

1976 - Subsec. (b). Pub. L. 94-284 substituted provision that a

standard provide a significantly higher degree of protection from

the risk of injury for the provision that the standard impose a

higher level of performance.

Subsec. (c). Pub. L. 94-284 substituted requirement that a State

standard provide a significantly higher degree of protection from

the risk of injury than the standard under this chapter for the

requirement that the State standard impose a higher level of

performance, eliminated the requirement of a compelling local

condition, and inserted the requirement that the Commission make

specific findings in determining the burden on interstate commerce.

-CITE-

15 USC Sec. 2076 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2076. Additional functions of Consumer Product Safety

Commission

-STATUTE-

(a) Authority to conduct hearings or other inquiries

The Commission may, by one or more of its members or by such

agents or agency as it may designate, conduct any hearing or other

inquiry necessary or appropriate to its functions anywhere in the

United States. A Commissioner who participates in such a hearing or

other inquiry shall not be disqualified solely by reason of such

participation from subsequently participating in a decision of the

Commission in the same manner. The Commission shall publish notice

of any proposed hearing in the Federal Register and shall afford a

reasonable opportunity for interested persons to present relevant

testimony and data.

(b) Commission powers; orders

The Commission shall also have the power -

(1) to require, by special or general orders, any person to

submit in writing such reports and answers to questions as the

Commission may prescribe to carry out a specific regulatory or

enforcement function of the Commission; and such submission shall

be made within such reasonable period and under oath or otherwise

as the Commission may determine;

(2) to administer oaths;

(3) to require by subpena the attendance and testimony of

witnesses and the production of all documentary evidence relating

to the execution of its duties;

(4) in any proceeding or investigation to order testimony to be

taken by deposition before any person who is designated by the

Commission and has the power to administer oaths and, in such

instances, to compel testimony and the production of evidence in

the same manner as authorized under paragraph (3) of this

subsection;

(5) to pay witnesses the same fees and mileage as are paid in

like circumstances in the courts of the United States;

(6) to accept gifts and voluntary and uncompensated services,

notwithstanding the provisions of section 1342 of title 31;

(7) to -

(A) initiate, prosecute, defend, or appeal (other than to the

Supreme Court of the United States), through its own legal

representative and in the name of the Commission, any civil

action if the Commission makes a written request to the

Attorney General for representation in such civil action and

the Attorney General does not within the 45-day period

beginning on the date such request was made notify the

Commission in writing that the Attorney General will represent

the Commission in such civil action, and

(B) initiate, prosecute, or appeal, through its own legal

representative, with the concurrence of the Attorney General or

through the Attorney General, any criminal action,

for the purpose of enforcing the laws subject to its

jurisdiction;

(8) to lease buildings or parts of buildings in the District of

Columbia, without regard to section 8141 of title 40, for the use

of the Commission; and

(9) to delegate any of its functions or powers, other than the

power to issue subpenas under paragraph (3), to any officer or

employee of the Commission.

An order issued under paragraph (1) shall contain a complete

statement of the reason the Commission requires the report or

answers specified in the order to carry out a specific regulatory

or enforcement function of the Commission. Such an order shall be

designed to place the least burden on the person subject to the

order as is practicable taking into account the purpose for which

the order was issued.

(c) Noncompliance with subpena or Commission order; contempt

Any United States district court within the jurisdiction of which

any inquiry is carried on, may, upon petition by the Commission

(subject to subsection (b)(7) of this section) or by the Attorney

General, in case of refusal to obey a subpena or order of the

Commission issued under subsection (b) of this section, issue an

order requiring compliance therewith; and any failure to obey the

order of the court may be punished by the court as a contempt

thereof.

(d) Disclosure of information

No person shall be subject to civil liability to any person

(other than the Commission or the United States) for disclosing

information at the request of the Commission.

(e) Performance and technical data

The Commission may by rule require any manufacturer of consumer

products to provide to the Commission such performance and

technical data related to performance and safety as may be required

to carry out the purposes of this chapter, and to give such

notification of such performance and technical data at the time of

original purchase to prospective purchasers and to the first

purchaser of such product for purposes other than resale, as it

determines necessary to carry out the purposes of this chapter.

(f) Purchase of consumer products by Commission

For purposes of carrying out this chapter, the Commission may

purchase any consumer product and it may require any manufacturer,

distributor, or retailer of a consumer product to sell the product

to the Commission at manufacturer's, distributor's, or retailer's

cost.

(g) Contract authority

The Commission is authorized to enter into contracts with

governmental entities, private organizations, or individuals for

the conduct of activities authorized by this chapter.

(h) Research, development, and testing facilities

The Commission may plan, construct, and operate a facility or

facilities suitable for research, development, and testing of

consumer products in order to carry out this chapter.

(i) Recordkeeping; audit

(1) Each recipient of assistance under this chapter pursuant to

grants or contracts entered into under other than competitive

bidding procedures shall keep such records as the Commission by

rule shall prescribe, including records which fully disclose the

amount and disposition by such recipient of the proceeds of such

assistance, the total cost of the project undertaken in connection

with which such assistance is given or used, and the amount of that

portion of the cost of the project or undertaking supplied by other

sources, and such other records as will facilitate an effective

audit.

(2) The Commission and the Comptroller General of the United

States, or their duly authorized representatives, shall have access

for the purpose of audit and examination to any books, documents,

papers, and records of the recipients that are pertinent to the

grants or contracts entered into under this chapter under other

than competitive bidding procedures.

(j) Report to President and Congress

The Commission shall prepare and submit to the President and the

Congress at the beginning of each regular session of Congress a

comprehensive report on the administration of this chapter for the

preceding fiscal year. Such report shall include -

(1) a thorough appraisal, including statistical analyses,

estimates, and long-term projections, of the incidence of injury

and effects to the population resulting from consumer products,

with a breakdown, insofar as practicable, among the various

sources of such injury;

(2) a list of consumer product safety rules prescribed or in

effect during such year;

(3) an evaluation of the degree of observance of consumer

product safety rules, including a list of enforcement actions,

court decisions, and compromises of alleged violations, by

location and company name;

(4) a summary of outstanding problems confronting the

administration of this chapter in order of priority;

(5) an analysis and evaluation of public and private consumer

product safety research activities;

(6) a list, with a brief statement of the issues, of completed

or pending judicial actions under this chapter;

(7) the extent to which technical information was disseminated

to the scientific and commercial communities and consumer

information was made available to the public;

(8) the extent of cooperation between Commission officials and

representatives of industry and other interested parties in the

implementation of this chapter, including a log or summary of

meetings held between Commission officials and representatives of

industry and other interested parties;

(9) an appraisal of significant actions of State and local

governments relating to the responsibilities of the Commission;

(10) with respect to voluntary consumer product safety

standards for which the Commission has participated in the

development through monitoring or offering of assistance and with

respect to voluntary consumer product safety standards relating

to risks of injury that are the subject or regulatory action by

the Commission, a description of -

(A) the number of such standards adopted;

(B) the nature and number of the products which are the

subject of such standards;

(C) the effectiveness of such standards in reducing potential

harm from consumer products;

(D) the degree to which staff members of the Commission

participate in the development of such standards;

(E) the amount of resources of the Commission devoted to

encouraging development of such standards; and

(F) such other information as the Commission determines

appropriate or necessary to inform the Congress on the current

status of the voluntary consumer product safety standard

program; and

(11) such recommendations for additional legislation as the

Commission deems necessary to carry out the purposes of this

chapter.

(k) Budget estimates and requests; legislative recommendations;

testimony; comments on legislation

(1) Whenever the Commission submits any budget estimate or

request to the President or the Office of Management and Budget, it

shall concurrently transmit a copy of that estimate or request to

the Congress.

(2) Whenever the Commission submits any legislative

recommendations, or testimony, or comments on legislation to the

President or the Office of Management and Budget, it shall

concurrently transmit a copy thereof to the Congress. No officer or

agency of the United States shall have any authority to require the

Commission to submit its legislative recommendations, or testimony,

or comments on legislation, to any officer or agency of the United

States for approval, comments, or review, prior to the submission

of such recommendations, testimony, or comments to the Congress.

-SOURCE-

(Pub. L. 92-573, Sec. 27, Oct. 27, 1972, 86 Stat. 1227; Pub. L.

94-273, Sec. 31, Apr. 21, 1976, 90 Stat. 380; Pub. L. 94-284, Sec.

8(b), 11(c), (d), 14, May 11, 1976, 90 Stat. 506-509; Pub. L.

95-631, Sec. 11, Nov. 10, 1978, 92 Stat. 3748; Pub. L. 97-35, title

XII, Sec. 1207(b), 1208, 1209(c), 1211(d), Aug. 13, 1981, 95 Stat.

718, 720, 721.)

-COD-

CODIFICATION

In subsec. (b)(6), ''section 1342 of title 31'' substituted for

''section 3679 of the Revised Statutes (31 U.S.C. 665(b))'' on

authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.

1067, the first section of which enacted Title 31, Money and

Finance.

''Section 8141 of title 40'' substituted in subsec. (b)(8) for

''the Act of March 3, 1877 (40 U.S.C. 34)'' on authority of Pub. L.

107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first

section of which enacted Title 40, Public Buildings, Property, and

Works.

-MISC3-

AMENDMENTS

1981 - Subsec. (b). Pub. L. 97-35, Sec. 1208, substituted in par.

(1) ''may prescribe to carry out a specific regulatory or

enforcement function of the Commission'' for ''may prescribe'' and

in provision following par. (9) inserted requirement that an order

issued under par. (1) shall contain a complete statement of the

reason the Commission requires the report or answers specified in

the order to carry out a specific regulatory or enforcement

function of the commission, and that such an order shall be

designed to place the least burden on the person subject to the

order as is practicable, taking into account the purposes for which

the order was issued.

Subsec. (j)(10), (11). Pub. L. 97-35, Sec. 1209(c), added par.

(10) and redesignated former par. (10) as (11).

Subsec. (l). Pub. L. 97-35, Sec. 1207(b), struck out subsec. (l)

which provided for reports to the House of Representatives and the

Senate of proposed consumer product safety rules and regulations.

Subsec. (m). Pub. L. 97-35, Sec. 1211(d), struck out subsec. (m)

which defined ''rule'', provided for a study of all the rules in

effect on Nov. 10, 1978, and required a report be made to Congress

recommending deletion of particular rules or parts of particular

rules and initiation of particular rulemaking proceedings.

1978 - Subsec. (m). Pub. L. 95-631 added subsec. (m).

1976 - Subsec. (b)(7). Pub. L. 94-284, Sec. 11(c), permitted the

Commission to initiate, defend, prosecute, or appeal any civil

action through its own legal representative provided that the

Commission make a written request to the Attorney General for such

representation and the Attorney General fail within a 45 day period

to notify the Commission in writing that the Attorney General will

represent the Commission, and with regard to criminal action,

permitted the Commission to initiate, prosecute, or appeal with its

own legal representative, with the concurrence of the Attorney

General, or through the Attorney General.

Subsec. (b)(8), (9). Pub. L. 94-284, Sec. 8(b), added par. (8)

and redesignated former par. (8) as par (9).

Subsec. (c). Pub. L. 94-284, Sec. 11(d), substituted ''(subject

to subsection (b)(7) of this section)'' for ''with the concurrence

of the Attorney General''.

Subsec. (j). Pub. L. 94-273 substituted ''at the beginning of

each regular session of Congress'' for ''on or before October 1 of

each year''.

Subsec. (l). Pub. L. 94-284, Sec. 14, added subsec. (l).

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by section 1207(b) of Pub. L. 97-35 applicable with

respect to consumer product safety rules under this chapter and

regulations under chapters 25 and 30 of this title promulgated

after Aug. 13, 1981, and amendment by sections 1208, 1209(c), and

1211(d) of Pub. L. 97-35 effective Aug. 13, 1981, see section 1215

of Pub. L. 97-35, set out as a note under section 2052 of this

title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(j) of this section relating to submittal of report to Congress at

the beginning of each regular session of Congress, see section 3003

of Pub. L. 104-66, as amended, set out as a note under section 1113

of Title 31, Money and Finance, and page 158 of House Document No.

103-7.

USER FEE STUDY

Pub. L. 101-608, title I, Sec. 119, Nov. 16, 1990, 104 Stat.

3122, directed Consumer Product Safety Commission to conduct a

study of feasibility of requiring entities subject to Consumer

Product Safety Act (15 U.S.C. 2051 et seq.) to pay to Commission

amounts to defray reasonable costs of particular services provided

by Commission to such entities, with Commission to complete study

within one year of Nov. 16, 1990, and report results of study to

Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2064, 2068, 2071, 2080,

2081 of this title.

-CITE-

15 USC Sec. 2076a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2076a. Report on civil penalties

-STATUTE-

(1) Beginning 1 year after November 16, 1990, and every year

thereafter, the Consumer Product Safety Commission shall submit to

the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Energy and Commerce of the House of

Representatives the information specified in paragraph (2). Such

information may be included in the annual report to the Congress

submitted by the Commission.

(2) The Commission shall submit information with respect to the

imposition of civil penalties under the statutes which it

administers. The information shall include the number of civil

penalties imposed, an identification of the violations that led to

the imposition of such penalties, and the amount of revenue

recovered from the imposition of such penalties.

-SOURCE-

(Pub. L. 101-608, title I, Sec. 115(d), Nov. 16, 1990, 104 Stat.

3121.)

-COD-

CODIFICATION

Section was enacted as part of the Consumer Product Safety

Improvement Act of 1990, and not as part of the Consumer Product

Safety Act which comprises this chapter.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-CITE-

15 USC Sec. 2077 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2077. Chronic Hazard Advisory Panels

-STATUTE-

(a) 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.

(b) 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 -

(1) 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

(2) 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.

(c) 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.

(d) Majority vote

Decisions of the Panel shall be made by a majority of the Panel.

(e) 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.

(f) Compensation

A member of a Panel appointed under subsection (a) of this

section 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.

(g) Requests for and disclosures of information

Each Panel shall request information and disclose information to

the public, as provided in subsection (h) of this section, only

through the Commission.

(h) Information from other Federal departments and agencies

(1) 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.

(2) 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.

-SOURCE-

(Pub. L. 92-573, Sec. 28, as added Pub. L. 97-35, title XII, Sec.

1206(a), Aug. 13, 1981, 95 Stat. 716; amended Pub. L. 101-608,

title I, Sec. 116, Nov. 16, 1990, 104 Stat. 3121.)

-MISC1-

PRIOR PROVISIONS

A prior section 2077, Pub. L. 92-573, Sec. 28, Oct. 27, 1972, 86

Stat. 1230, provided for establishment and membership of Product

Safety Advisory Council, prior to repeal by Pub. L. 97-35, title

XII, Sec. 1205(a)(1), Aug. 13, 1981, 95 Stat. 716.

AMENDMENTS

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''.

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 Aug. 14, 1981, 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, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2080 of this title.

-CITE-

15 USC Sec. 2078 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2078. Cooperation with States and other Federal agencies

-STATUTE-

(a) Programs to promote Federal-State cooperation

The Commission shall establish a program to promote Federal-State

cooperation for the purposes of carrying out this chapter. In

implementing such program the Commission may -

(1) accept from any State or local authorities engaged in

activities relating to health, safety, or consumer protection

assistance in such functions as injury data collection,

investigation, and educational programs, as well as other

assistance in the administration and enforcement of this chapter

which such States or localities may be able and willing to

provide and, if so agreed, may pay in advance or otherwise for

the reasonable cost of such assistance, and

(2) commission any qualified officer or employee of any State

or local agency as an officer of the Commission for the purpose

of conducting examinations, investigations, and inspections.

(b) Appropriateness of State and local programs

In determining whether such proposed State and local programs are

appropriate in implementing the purposes of this chapter, the

Commission shall give favorable consideration to programs which

establish separate State and local agencies to consolidate

functions relating to product safety and other consumer protection

activities.

(c) Cooperation of Federal departments and agencies

The Commission may obtain from any Federal department or agency

such statistics, data, program reports, and other materials as it

may deem necessary to carry out its functions under this chapter.

Each such department or agency may cooperate with the Commission

and, to the extent permitted by law, furnish such materials to it.

The Commission and the heads of other departments and agencies

engaged in administering programs related to product safety shall,

to the maximum extent practicable, cooperate and consult in order

to insure fully coordinated efforts.

(d) Utilization of National Institute of Standards and Technology

The Commission shall, to the maximum extent practicable, utilize

the resources and facilities of the National Institute of Standards

and Technology, on a reimbursable basis, to perform research and

analyses related to risks of injury associated with consumer

products (including fire and flammability risks), to develop test

methods, to conduct studies and investigations, and to provide

technical advice and assistance in connection with the functions of

the Commission.

(e) Copies of accident or investigation reports to other agencies;

conditions

The Commission may provide to another Federal agency or a State

or local agency or authority engaged in activities relating to

health, safety, or consumer protection, copies of any accident or

investigation report made under this chapter by any officer,

employee, or agent of the Commission only if (1) information which

under section 2055(a)(2) of this title is to be considered

confidential is not included in any copy of such report which is

provided under this subsection; and (2) each Federal agency and

State and local agency and authority which is to receive under this

subsection a copy of such report provides assurances satisfactory

to the Commission that the identity of any injured person and any

person who treated an injured person will not, without the consent

of the person identified, be included in -

(A) any copy of any such report, or

(B) any information contained in any such report,

which the agency or authority makes available to any member of the

public. No Federal agency or State or local agency or authority

may disclose to the public any information contained in a report

received by the agency or authority under this subsection unless

with respect to such information the Commission has complied with

the applicable requirements of section 2055(b) of this title.

-SOURCE-

(Pub. L. 92-573, Sec. 29, Oct. 27, 1972, 86 Stat. 1230; Pub. L.

94-284, Sec. 15, May 11, 1976, 90 Stat. 510; Pub. L. 100-418, title

V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433.)

-MISC1-

AMENDMENTS

1988 - Subsec. (d). Pub. L. 100-418 substituted ''National

Institute of Standards and Technology'' for ''National Bureau of

Standards''.

1976 - Subsec. (e). Pub. L. 94-284 added subsec. (e).

-CITE-

15 USC Sec. 2079 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2079. Transfers of functions

-STATUTE-

(a) Hazardous substances and poisons

The functions of the Secretary of Health, Education, and Welfare

under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.)

and the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471 et

seq.) are transferred to the Commission. The functions of the

Secretary of Health, Education, and Welfare under the Federal Food,

Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), to the extent such

functions relate to the administration and enforcement of the

Poison Prevention Packaging Act of 1970, are transferred to the

Commission.

(b) Flammable fabrics

The functions of the Secretary of Health, Education, and Welfare,

the Secretary of Commerce, and the Federal Trade Commission under

the Flammable Fabrics Act (15 U.S.C. 1191 et seq.) are transferred

to the Commission. The functions of the Federal Trade Commission

under the Federal Trade Commission Act (15 U.S.C. 41 et seq.), to

the extent such functions relate to the administration and

enforcement of the Flammable Fabrics Act, are transferred to the

Commission.

(c) Household refrigerators

The functions of the Secretary of Commerce and the Federal Trade

Commission under the Act of August 2, 1956 (15 U.S.C. 1211 et seq.)

are transferred to the Commission.

(d) Regulation by Commission of consumer products in accordance

with other provisions of law

A risk of injury which is associated with a consumer product and

which could be eliminated or reduced to a sufficient extent by

action under the Federal Hazardous Substances Act (15 U.S.C. 1261

et seq.), the Poison Prevention Packaging Act of 1970 (15 U.S.C.

1471 et seq.), or the Flammable Fabrics Act (15 U.S.C. 1191 et

seq.) may be regulated under this chapter only if the Commission by

rule finds that it is in the public interest to regulate such risk

of injury under this chapter. Such a rule shall identify the risk

of injury proposed to be regulated under this chapter and shall be

promulgated in accordance with section 553 of title 5; except that

the period to be provided by the Commission pursuant to subsection

(c) of such section for the submission of data, views, and

arguments respecting the rule shall not exceed thirty days from the

date of publication pursuant to subsection (b) of such section of a

notice respecting the rule.

(e) Transfer of personnel, property, records, etc.; continued

application of orders, rules, etc.

(1)(A) All personnel, property, records, obligations, and

commitments, which are used primarily with respect to any function

transferred under the provisions of subsections (a), (b) and (c) of

this section shall be transferred to the Commission, except those

associated with fire and flammability research in the National

Institute of Standards and Technology. The transfer of personnel

pursuant to this paragraph shall be without reduction in

classification or compensation for one year after such transfer,

except that the Chairman of the Commission shall have full

authority to assign personnel during such one-year period in order

to efficiently carry out functions transferred to the Commission

under this section.

(B) Any commissioned officer of the Public Health Service who

upon the day before the effective date of this section, is serving

as such officer primarily in the performance of functions

transferred by this chapter to the Commission, may, if such officer

so elects, acquire competitive status and be transferred to a

competitive position in the Commission subject to subparagraph (A)

of this paragraph, under the terms prescribed in paragraphs (3)

through (8)(A) of section 15(b) of the Clean Air Amendments of

1970.

(2) All orders, determinations, rules, regulations, permits,

contracts, certificates, licenses, and privileges (A) which have

been issued, made, granted, or allowed to become effective in the

exercise of functions which are transferred under this section by

any department or agency, any functions of which are transferred by

this section, and (B) which are in effect at the time this section

takes effect, shall continue in effect according to their terms

until modified, terminated, superseded, set aside, or repealed by

the Commission, by any court of competent jurisdiction, or by

operation of law.

(3) The provisions of this section shall not affect any

proceedings pending at the time this section takes effect before

any department or agency, functions of which are transferred by

this section; except that such proceedings, to the extent that they

relate to functions so transferred, shall be continued before the

Commission. Orders shall be issued in such proceedings, appeals

shall be taken therefrom, and payments shall be made pursuant to

such orders, as if this section had not been enacted; and orders

issued in any such proceedings shall continue in effect until

modified, terminated, superseded, or repealed by the Commission, by

a court of competent jurisdiction, or by operation of law.

(4) The provisions of this section shall not affect suits

commenced prior to the date this section takes effect and in all

such suits proceedings shall be had, appeals taken, and judgments

rendered, in the same manner and effect as if this section had not

been enacted; except that if before the date on which this section

takes effect, any department or agency (or officer thereof in his

official capacity) is a party to a suit involving functions

transferred to the Commission, then such suit shall be continued by

the Commission. No cause of action, and no suit, action, or other

proceeding, by or against any department or agency (or officer

thereof in his official capacity) functions of which are

transferred by this section, shall abate by reason of the enactment

of this section. Causes of actions, suits, actions, or other

proceedings may be asserted by or against the United States or the

Commission as may be appropriate and, in any litigation pending

when this section takes effect, the court may at any time, on its

own motion or that of any party, enter an order which will give

effect to the provisions of this paragraph.

(f) ''Function'' defined

For purposes of this section, (1) the term ''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.

-SOURCE-

(Pub. L. 92-573, Sec. 30, Oct. 27, 1972, 86 Stat. 1231; Pub. L.

94-284, Sec. 3(f), 16, May 11, 1976, 90 Stat. 504, 510; Pub. L.

100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Hazardous Substances Act, referred to in subsecs. (a)

and (d), is Pub. L. 86-613, July 12, 1960, 74 Stat. 372, as

amended, which is classified generally to chapter 30 (Sec. 1261 et

seq.) of this title, For complete classification of this Act to the

Code, see Short Title note set out under section 1261 of this title

and Tables.

The Poison Prevention Packaging Act of 1970, referred to in

subsecs. (a) and (d), is Pub. L. 91-601, Dec. 30, 1970, 84 Stat.

1670, as amended, which is classified generally to chapter 39A

(Sec. 1471 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

1471 of this title and Tables.

The Federal Food, Drug, and Cosmetic Act, referred to in subsec.

(a), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,

which is classified generally to chapter 9 (Sec. 301 et seq.) of

Title 21, Food and Drugs. For complete classification of this Act

to the Code, see section 301 of Title 21 and Tables.

The Flammable Fabrics Act, referred to in subsecs. (b) and (d),

is act June 30, 1953, ch. 164, 67 Stat. 111, as amended, which is

classified generally to chapter 25 (Sec. 1191 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1191 of this title and

Tables.

The Federal Trade Commission Act, referred to in subsec. (b), is

act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of this title. For complete classification of this Act to the

Code, see section 58 of this title and Tables.

Act of August 2, 1956, referred to in subsec. (c), is act Aug. 2,

1956, ch. 890, 70 Stat. 953, as amended, which is classified

generally to chapter 26 (Sec. 1211 et seq.) of this title. For

complete classification of this Act to the Code, see Tables.

For the effective date of this section or, alternatively, the

time or date this section takes effect, referred to in subsec.

(e)(1)(B), (2), (3), and (4), see section 34(2) of Pub. L. 92-573,

set out as an Effective Date note under section 2051 of this title.

Paragraphs (3) through (8)(A) of section 15(b) of the Clean Air

Amendments of 1970, referred to in subsec. (e)(1)(B), are pars. (3)

through (8)(A) of section 15(b) of Pub. L. 91-604, Dec. 31, 1970,

84 Stat. 1710, which is set out as a note under section 215 of

Title 42, The Public Health and Welfare.

-MISC2-

AMENDMENTS

1988 - Subsec. (e)(1)(A). Pub. L. 100-418 substituted ''National

Institute of Standards and Technology'' for ''National Bureau of

Standards''.

1976 - Subsec. (a). Pub. L. 94-284, Sec. 3(f), struck out ''of

the Administrator of the Environmental Protection Agency and''

before ''of the Secretary of Health, Education, and Welfare'' and

substituted ''Federal Food, Drug, and Cosmetic Act'' for ''Acts

amended by subsections (b) through (f) of section 7 of the Poison

Prevention Act of 1970''.

Subsec. (d). Pub. L. 94-284, Sec. 16, inserted requirement that

the Commission find by a rule, promulgated in accordance with

section 553 of title 5, that it is within the public interest to

regulate a risk of injury under this chapter which could be

eliminated or reduced by action under the enumerated acts.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2052, 2081, 6004 of this

title.

-CITE-

15 USC Sec. 2080 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2080. Limitations on jurisdiction of Consumer Product Safety

Commission

-STATUTE-

(a) Authority to regulate

The Commission shall have no authority under this chapter to

regulate any risk of injury associated with a consumer product if

such risk could be eliminated or reduced to a sufficient extent by

actions taken under the Occupational Safety and Health Act of 1970

(29 U.S.C. 651 et seq.); the Atomic Energy Act of 1954 (42 U.S.C.

2011 et seq.); or the Clean Air Act (42 U.S.C. 7401 et seq.). The

Commission shall have no authority under this chapter to regulate

any risk of injury associated with electronic product radiation

emitted from an electronic product (as such terms are defined by

sections 355(1) and (2) (FOOTNOTE 1) of the Public Health Service

Act) if such risk of injury may be subjected to regulation under

subpart 3 (FOOTNOTE 1) of part F of title III of the Public Health

Service Act.

(FOOTNOTE 1) See References in Text note below.

(b) Certain notices of proposed rulemaking; duties of Chronic

Hazard Advisory Panel

(1) The Commission may not issue -

(A) an advance notice of proposed rulemaking for a consumer

product safety rule,

(B) a notice of proposed rulemaking for a rule under section

2076(e) of this title, or

(C) an advance notice of proposed rulemaking for regulations

under section 1261(q)(1) of this title,

relating to a risk of cancer, birth defects, or gene mutations from

a consumer product unless a Chronic Hazard Advisory Panel,

established under section 2077 of this title, has, in accordance

with paragraph (2), submitted a report to the Commission with

respect to whether a substance contained in such product is a

carcinogen, mutagen, or teratogen.

(2)(A) Before the Commission issues an advance notice of proposed

rulemaking for -

(i) a consumer product safety rule,

(ii) a rule under section 2076(e) of this title, or

(iii) a regulation under section 1261(q)(1) of this title,

relating to a risk of cancer, birth defects, or gene mutations from

a consumer product, the Commission shall request the Panel to

review the scientific data and other relevant information relating

to such risk to determine if any substance in the product is a

carcinogen, mutagen, or a teratogen and to report its determination

to the Commission.

(B) When the Commission appoints a Panel, the Panel shall convene

within 30 days after the date the final appointment is made to the

Panel. The Panel shall report its determination to the Commission

not later than 120 days after the date the Panel is convened or, if

the Panel requests additional time, within a time period specified

by the Commission. If the determination reported to the Commission

states that a substance in a product is a carcinogen, mutagen, or a

teratogen, the Panel shall include in its report an estimate, if

such an estimate is feasible, of the probable harm to human health

that will result from exposure to the substance.

(C) A Panel appointed under section 2077 of this title shall

terminate when it has submitted its report unless the Commission

extends the existence of the Panel.

(D) The Federal Advisory Committee Act shall not apply with

respect to any Panel established under this section.

(c) Panel report; incorporation into advance notice and final rule

Each Panel's report shall contain a complete statement of the

basis for the Panel's determination. The Commission shall consider

the report of the Panel and incorporate such report into the

advance notice of proposed rulemaking and final rule.

-SOURCE-

(Pub. L. 92-573, Sec. 31, Oct. 27, 1972, 86 Stat. 1232; Pub. L.

97-35, title XII, Sec. 1206(b), Aug. 13, 1981, 95 Stat. 717; Pub.

L. 97-414, Sec. 9(j)(5), Jan. 4, 1983, 96 Stat. 2064.)

-REFTEXT-

REFERENCES IN TEXT

The Occupational Safety and Health Act of 1970, referred to in

subsec. (a), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as

amended, which is classified principally to chapter 15 (Sec. 651 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see Short Title note set out under section 651 of

Title 29 and Tables.

The Atomic Energy Act of 1954, referred to in subsec. (b), is act

Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,

Sec. 1, 68 Stat. 921, and amended, which is classified generally to

chapter 23 (Sec. 2011 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title set out under section 2011 of Title 42 and Tables.

The Clean Air Act, referred to in subsec. (a), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of Title 42. For

complete classification of this Act to the Code, see Short Title

note set out under section 7401 of Title 42 and Tables.

The Public Health Service Act, referred to in subsec. (a), is act

July 1, 1944, ch. 373, 58 Stat. 682, as amended. Subpart 3 of part

F of title III of the Public Health Service Act, which was

classified to subpart 3 (Sec. 263b et seq.) of part F of subchapter

II of chapter 6A of Title 42, was redesignated as subchapter C of

chapter V of act June 25, 1938, ch. 675, the Federal Food, Drug,

and Cosmetic Act, by Pub. L. 101-629, Sec. 19(a)(4), Nov. 28, 1990,

104 Stat. 4530, and was transferred to part C (21 U.S.C. 360hh et

seq.) of subchapter V of chapter 9 of Title 21, Food and Drugs.

Section 355 of the Public Health Service Act, which was classified

to section 263c of Title 42, was renumbered as section 531 of act

June 25, 1938, ch. 675, by Pub. L. 101-629, Sec. 19(a)(3), (4), 104

Stat. 4530, and transferred to section 360hh of Title 21. For

complete classification of the Public Health Service Act to the

Code, see Short Title note set out under section 201 of Title 42

and Tables.

The Federal Advisory Committee Act, referred to in subsec.

(b)(2)(D), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as

amended, which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC2-

AMENDMENTS

1983 - Subsec. (b)(1). Pub. L. 97-414 struck out introductory

text ''an advance notice of proposed rulemaking for'' after

''issue'', inserted in subpar. (A) ''an advance notice of proposed

rulemaking for'' before ''a consumer'' and in subpar. (B) ''a

notice of proposed rulemaking for'' before ''a rule'', and

substituted in subpar. (C) ''an advance notice of proposed

rulemaking for regulations'' for ''a regulation''.

1981 - Pub. L. 97-35 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 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 Aug. 14, 1981, see

section 1215 of Pub. L. 97-35, set out as a note under section 2052

of this title.

MANUFACTURE OR SALE OF FIREARMS OR FIREARMS AMMUNITION

Pub. L. 94-284, Sec. 3(e), May 11, 1976, 90 Stat. 504, provided

that: ''The Consumer Product Safety Commission shall make no ruling

or order that restricts the manufacture or sale of firearms,

firearms ammunition, or components of firearms ammunition,

including black powder or gunpowder for firearms.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2052, 2077 of this title.

-CITE-

15 USC Sec. 2081 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2081. Authorization of appropriations

-STATUTE-

(a) There are authorized to be appropriated for the purposes of

carrying out the provisions of this chapter (other than the

provisions of section 2076(h) of this title which authorize the

planning and construction of research, development, and testing

facilities) and for the purpose of carrying out the functions,

powers, and duties transferred to the Commission under section 2079

of this title, not to exceed -

(1) $42,000,000 for fiscal year 1991, and

(2) $45,000,000 for fiscal year 1992.

For payment of accumulated and accrued leave under section 5551 of

title 5, severance pay under section 5595 under such title, and any

other expense related to a reduction in force in the Commission,

there are authorized to be appropriated such sums as may be

necessary.

(b)(1) There are authorized to be appropriated such sums as may

be necessary for the planning and construction of research,

development and testing facilities described in section 2076(h) of

this title; except that no appropriation shall be made for any such

planning or construction involving an expenditure in excess of

$100,000 if such planning or construction has not been approved by

resolutions adopted in substantially the same form by the Committee

on Energy and Commerce of the House of Representatives, and by the

Committee on Commerce, Science, and Transportation of the Senate.

For the purpose of securing consideration of such approval the

Commission shall transmit to Congress a prospectus of the proposed

facility including (but not limited to) -

(A) a brief description of the facility to be planned or

constructed;

(B) the location of the facility, and an estimate of the

maximum cost of the facility;

(C) a statement of those agencies, private and public, which

will use such facility, together with the contribution to be made

by each such agency toward the cost of such facility; and

(D) a statement of justification of the need for such facility.

(2) The estimated maximum cost of any facility approved under

this subsection as set forth in the prospectus may be increased by

the amount equal to the percentage increase, if any, as determined

by the Commission, in construction costs, from the date of the

transmittal of such prospectus to Congress, but in no event shall

the increase authorized by this paragraph exceed 10 per centum of

such estimated maximum cost.

(c) No funds appropriated under subsection (a) of this section

may be used to pay any claim described in section 2053(i) of this

title whether pursuant to a judgment of a court or under any award,

compromise, or settlement of such claim made under section 2672 of

title 28, or under any other provision of law.

-SOURCE-

(Pub. L. 92-573, Sec. 32, Oct. 27, 1972, 86 Stat. 1233; Pub. L.

94-284, Sec. 2, 5(b), May 11, 1976, 90 Stat. 503, 505; Pub. L.

95-631, Sec. 1, Nov. 10, 1978, 92 Stat. 3742; Pub. L. 97-35, title

XII, Sec. 1214, Aug. 13, 1981, 95 Stat. 724; Pub. L. 101-608, title

I, Sec. 117, Nov. 16, 1990, 104 Stat. 3121; Pub. L. 103-437, Sec.

5(c)(1), Nov. 2, 1994, 108 Stat. 4582.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(1). Pub. L. 103-437 in introductory provisions

substituted ''Committee on Energy and Commerce of the House of

Representatives, and by the Committee on Commerce, Science, and

Transportation of the Senate'' for ''Committee on Interstate and

Foreign Commerce of the House of Representatives, and by the

Committee on Commerce of the Senate''.

1990 - Subsec. (a). Pub. L. 101-608 added pars. (1) and (2) and

struck out former pars. (1) to (9) which specified maximum

appropriations authorized for fiscal year ending June 30, 1976, to

fiscal year ending Sept. 30, 1983.

1981 - Subsec. (a). Pub. L. 97-35 added pars. (8) and (9) and

provision following par. (9) relating to payment of accumulated or

accrued leave, severance pay, and any other expenses related to a

reduction in force in the Commission.

1978 - Subsec. (a)(5) to (7). Pub. L. 95-631 added pars. (5) to

(7).

1976 - Subsec. (a). Pub. L. 94-284, Sec. 2, substituted

''$51,000,000 for the fiscal year ending June 30, 1976, $14,000,000

for the period beginning July 1, 1976, and ending September 30,

1976, $60,000,000 for the fiscal year ending September 30, 1977,

and $68,000,000 for the fiscal year ending September 30, 1978'' for

''$55,000,000 for the fiscal year ending June 30, 1973, $59,000,000

for the fiscal year ending June 30, 1974, and $64,000,000 for the

fiscal year ending June 30, 1975''.

Subsec. (c). Pub. L. 94-284, Sec. 5(b), added subsec. (c).

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC4-

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section

1215 of Pub. L. 97-35, set out as a note under section 2052 of this

title.

-CITE-

15 USC Sec. 2082 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2082. Interim cellulose insulation safety standard

-STATUTE-

(a) Applicability of specification of General Services

Administration; authority and effect of interim standard;

modifications; criteria; labeling requirements

(1) Subject to the provisions of paragraph (2), on and after the

last day of the 60-day period beginning on July 11, 1978, the

requirements for flame resistance and corrosiveness set forth in

the General Services Administration's specification for cellulose

insulation, HH-I-515C (as such specification was in effect on

February 1, 1978), shall be deemed to be an interim consumer

product safety standard which shall have all the authority and

effect of any other consumer product safety standard promulgated by

the Commission under this chapter. During the 45-day period

beginning on July 11, 1978, the Commission may make, and shall

publish in the Federal Register, such technical, nonsubstantive

changes in such requirements as it deems appropriate to make such

requirements suitable for promulgation as a consumer product safety

standard. At the end to the 60-day period specified in the first

sentence of this paragraph, the Commission shall publish in the

Federal Register such interim consumer product safety standard, as

altered by the Commission under this paragraph.

(2) The interim consumer product safety standard established in

paragraph (1) shall provide that any cellulose insulation which is

produced or distributed for sale or use as a consumer product shall

have a flame spread rating of 0 to 25, as such rating is set forth

in the General Services Administration's specification for

cellulose insulation, HH-I-515C.

(3) During the period for which the interim consumer product

safety standard established in subsection (a) of this section is in

effect, in addition to complying with any labeling requirement

established by the Commission under this chapter, each manufacturer

or private labeler of cellulose insulation shall include the

following statement on any container of such cellulose insulation:

''ATTENTION: This material meets the applicable minimum Federal

flammability standard. This standard is based upon laboratory

tests only, which do not represent actual conditions which may

occur in the home.'' Such statement shall be located in a

conspicuous place on such container and shall appear in conspicuous

and legible type in contrast by typography, layout, and color with

other printed matter on such container.

(b) Scope of judicial review

Judicial review of the interim consumer product safety standard

established in subsection (a) of this section, as such standard is

in effect on and after the last day of the 60-day period specified

in such subsection, shall be limited solely to the issue of whether

any changes made by the Commission under paragraph (1) are

technical, nonsubstantive changes. For purposes of such review,

any change made by the Commission under paragraph (1) which

requires that any test to determine the flame spread rating of

cellulose insulation shall include a correction for variations in

test results caused by equipment used in the test shall be

considered a technical, nonsubstantive change.

(c) Enforcement; violations; promulgation of final standard;

procedures applicable to promulgation; revision of interim

standard; procedures applicable to revision

(1)(A) Any interim consumer product safety standard established

pursuant to this section shall be enforced in the same manner as

any other consumer product safety standard until such time as there

is in effect a final consumer product safety standard promulgated

by the Commission, as provided in subparagraph (B), or until such

time as it is revoked by the Commission under section 2058(e) of

this title. A violation of the interim consumer product safety

standard shall be deemed to be a violation of a consumer product

safety standard promulgated by the Commission under section 2058 of

this title.

(B) If the Commission determines that the interim consumer

product safety standard does not adequately protect the public from

the unreasonable risk of injury associated with flammable or

corrosive cellulose insulation, it shall promulgate a final

consumer product safety standard to protect against such risk.

Such final standard shall be promulgated pursuant to section 553 of

title 5, except that the Commission shall give interested persons

an opportunity for the oral presentation of data, views, or

arguments, in addition to an opportunity to make written

submissions. A transcript shall be kept of any oral presentation.

The provisions of section 2058(b), (c), and (d) of this title shall

apply to any proceeding to promulgate such final standard. In any

judicial review of such final standard under section 2060 of this

title, the court shall not require any demonstration that each

particular finding made by the Commission under section 2058(c) of

this title is supported by substantial evidence. The court shall

affirm the action of the Commission unless the court determines

that such action is not supported by substantial evidence on the

record taken as a whole.

(2)(A) Until there is in effect such a final consumer product

safety standard, the Commission shall incorporate into the interim

consumer product safety standard, in accordance with the provisions

of this paragraph, each revision superseding the requirements for

flame resistance and corrosiveness referred to in subsection (a) of

this section and promulgated by the General Services

Administration.

(B) At least 45 days before any revision superseding such

requirements is to become effective, the Administrator of the

General Services Administration shall notify the Commission of such

revision. In the case of any such revision which becomes effective

during the period beginning on February 1, 1978, and ending on July

11, 1978, such notice from the Administrator of the General

Services Administration shall be deemed to have been made on July

11, 1978.

(C)(i) No later than 45 days after receiving any notice under

subparagraph (B), the Commission shall publish the revision,

including such changes in the revision as it considers appropriate

to make the revision suitable for promulgation as an amendment to

the interim consumer product safety standard, in the Federal

Register as a proposed amendment to the interim consumer product

safety standard.

(ii) The Commission may extend the 45-day period specified in

clause (i) for an additional period of not more than 150 days if

the Commission determines that such extension is necessary to study

the technical and scientific basis for the revision involved, or to

study the safety and economic consequences of such revision.

(D)(i) Additional extensions of the 45-day period specified in

subparagraph (C)(i) may be taken by the Commission if -

(I) the Commission makes the determination required in

subparagraph (C)(ii) with respect to each such extension; and

(II) in the case of further extensions proposed by the

Commission after an initial extension under this clause, such

further extensions have not been disapproved under clause (iv).

(ii) Any extension made by the Commission under this subparagraph

shall be for a period of not more than 45 days.

(iii) Prior notice of each extension made by the Commission under

this subparagraph, together with a statement of the reasons for

such extension and an estimate of the length of time required by

the Commission to complete its action upon the revision involved,

shall be published in the Federal Register and shall be submitted

to the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Energy and Commerce of the House of

Representatives.

(iv) In any case in which the Commission takes an initial 45-day

extension under clause (i), the Commission may not take any further

extensions under clause (i) if each committee referred to in clause

(iii) disapproves by committee resolution any such further

extensions before the end of the 15-day period following notice of

such initial extension made by the Commission in accordance with

clause (iii).

(E) The Commission shall give interested persons an opportunity

to comment upon any proposed amendment to the interim consumer

product safety standard during the 30-day period following any

publication by the Commission under subparagraph (C).

(F) No later than 90 days after the end of the period specified

in subparagraph (E), the Commission shall promulgate the amendment

to the interim consumer product safety standard unless the

Commission determines, after consultation with the Secretary of

Energy, that -

(i) such amendment is not necessary for the protection of

consumers from the unreasonable risk of injury associated with

flammable or corrosive cellulose insulation; or

(ii) implementation of such amendment will create an undue

burden upon persons who are subject to the interim consumer

product safety standard.

(G) The provisions of section 2060 of this title shall not apply

to any judicial review of any amendment to the interim product

safety standard promulgated under this paragraph.

(d) Reporting requirements of other Federal departments, agencies,

etc., of violations

Any Federal department, agency, or instrumentality, or any

Federal independent regulatory agency, which obtains information

which reasonably indicates that cellulose insulation is being

manufactured or distributed in violation of this chapter shall

immediately inform the Commission of such information.

(e) Reporting requirements of Commission to Congressional

committees; contents, time of submission, etc.

(1) The Commission, no later than 45 days after July 11, 1978,

shall submit a report to the Committee on Commerce, Science, and

Transportation of the Senate and to the Committee on Energy and

Commerce of the House of Representatives which shall contain a

detailed statement of the manner in which the Commission intends to

carry out the enforcement of this section.

(2)(A) The Commission, no later than 6 months after the date upon

which the report required in paragraph (1) is due (and no later

than the end of each 6-month period thereafter), shall submit a

report to each committee referred to in paragraph (1) which shall

describe the enforcement activities of the Commission with respect

to this section during the most recent 6-month period.

(B) The first report which the Commission submits under

subparagraph (A) shall include the results of tests of cellulose

insulation manufactured by at least 25 manufacturers which the

Commission shall conduct to determine whether such cellulose

insulation complies with the interim consumer product safety

standard. The second such report shall include the results of such

tests with respect to 50 manufacturers who were not included in

testing conducted by the Commission for inclusion in the first

report.

(f) Compliance with certification requirements; implementation;

waiver; rules and regulations

(1) The Commission shall have the authority to require that any

person required to comply with the certification requirements of

section 2063 of this title with respect to the manufacture of

cellulose insulation shall provide for the performance of any test

or testing program required for such certification through the use

of an independent third party qualified to perform such test or

testing program. The Commission may impose such requirement

whether or not the Commission has established a testing program for

cellulose insulation under section 2063(b) of this title.

(2) The Commission, upon petition by a manufacturer, may waive

the requirements of paragraph (1) with respect to such manufacturer

if the Commission determines that the use of an independent third

party is not necessary in order for such manufacturer to comply

with the certification requirements of section 2063 of this title.

(3) The Commission may prescribe such rules as it considers

necessary to carry out the provisions of this subsection.

(g) Authorization of appropriations

There are authorized to be appropriated, for each of the fiscal

years 1978, 1979, 1980, and 1981, such sums as may be necessary to

carry out the provisions of this section.

-SOURCE-

(Pub. L. 92-573, Sec. 35, as added Pub. L. 95-319, Sec. 3(a), July

11, 1978, 92 Stat. 386; amended Pub. L. 103-437, Sec. 5(c)(2), Nov.

2, 1994, 108 Stat. 4582.)

-MISC1-

AMENDMENTS

1994 - Subsecs. (c)(2)(D)(iii), (e)(1). Pub. L. 103-437

substituted ''Committee on Energy and Commerce'' for ''Committee on

Interstate and Foreign Commerce''.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC4-

CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSE

Section 2 of Pub. L. 95-319 provided that:

''(a) The Congress finds that -

''(1) existing Federal, State, and local laws and regulations

are insufficient to protect the consumer from improperly

manufactured cellulose insulation;

''(2) an unreasonably large quantity of cellulose insulation is

being distributed that does not meet minimum safety standards;

''(3) an urgent need exists for the expedited setting of

interim mandatory Federal standards for the manufacture of

cellulose insulation; and

''(4) such standards are reasonably necessary to eliminate or

reduce an unreasonable risk of injury to consumers from flammable

or corrosive cellulose insulation.

''(b) It is the purpose of the Congress in this Act (enacting

this section, amending section 2068 of this title, and enacting

provisions set out as notes under sections 2051 and 2082 of this

title) to provide an interim mandatory safety standard for

cellulose insulation manufactured for use as a consumer product.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2068 of this title.

-CITE-

15 USC Sec. 2083 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2083. Congressional veto of consumer product safety rules

-STATUTE-

(a) Transmission to Congress

The Commission shall transmit to the Secretary of the Senate and

the Clerk of the House of Representatives a copy of any consumer

product safety rule promulgated by the Commission under section

2058 of this title.

(b) Disapproval by concurrent resolution

Any rule specified in subsection (a) of this section shall not

take effect if -

(1) within the 90 calendar days of continuous session of the

Congress which occur after the date of the promulgation of such

rule, both Houses of the Congress adopt a concurrent resolution,

the matter after the resolving clause of which is as follows

(with the blank spaces appropriately filled): ''That the Congress

disapproves the consumer product safety rule which was

promulgated by the Consumer Product Safety Commission with

respect to and which was transmitted to the Congress on and

disapproves the rule for the following reasons: .''; or

(2) within the 60 calendar days of continuous session of the

Congress which occur after the date of the promulgation of such

rule, one House of the Congress adopts such concurrent resolution

and transmits such resolution to the other House and such

resolution is not disapproved by such other House within the 30

calendar days of continuous session of the Congress which occur

after the date of such transmittal.

(c) Presumptions from Congressional action or inaction

Congressional inaction on, or rejection of, a concurrent

resolution of disapproval under this section shall not be construed

as an expression of approval of the rule involved, and shall not be

construed to create any presumption of validity with respect to

such rule.

(d) Continuous session of Congress

For purposes of this section -

(1) continuity of session is broken only by an adjournment of

the Congress sine die; and

(2) the days on which either House is not in session because of

an adjournment of more than 3 days to a day certain are excluded

in the computation of the periods of continuous session of the

Congress specified in subsection (b) of this section.

-SOURCE-

(Pub. L. 92-573, Sec. 36, as added Pub. L. 97-35, title XII, Sec.

1207(a), Aug. 13, 1981, 95 Stat. 718.)

-MISC1-

EFFECTIVE DATE

Section applicable with respect to consumer product safety rules

under this chapter and regulations under chapters 25 and 30 of this

title promulgated after Aug. 13, 1981, see section 1215 of Pub. L.

97-35, set out as an Effective Date of 1981 Amendment note under

section 2052 of this title.

-CITE-

15 USC Sec. 2084 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2084. Information reporting

-STATUTE-

(a) Notification of settlements or judgments

If a particular model of a consumer product is the subject of at

least 3 civil actions that have been filed in Federal or State

court for death or grievous bodily injury which in each of the

24-month periods defined in subsection (b) of this section result

in either a final settlement involving the manufacturer or a court

judgment in favor of the plaintiff, the manufacturer of such

product shall, in accordance with subsection (c) of this section,

report to the Commission each such civil action within 30 days

after the final settlement or court judgment in the third of such

civil actions, and, within 30 days after any subsequent settlement

or judgment in that 24-month period, any other such action.

(b) Calculation of 24-month periods

The 24-month periods referred to in subsection (a) of this

section are the 24-month period commencing on January 1, 1991, and

subsequent 24-month periods beginning on January 1 of the calendar

year that is two years following the beginning of the previous

24-month period.

(c) Information required to be reported

(1) The information required by subsection (a) of this section to

be reported to the Commission, with respect to each civil action

described in subsection (a) of this section, shall include and in

addition to any voluntary information provided under paragraph (2)

shall be limited to the following:

(A) The name and address of the manufacturer.

(B) The model and model number or designation of the consumer

product subject to the civil action.

(C) A statement as to whether the civil action alleged death or

grievous bodily injury, and in the case of an allegation of

grievous bodily injury, a statement of the category of such

injury.

(D) A statement as to whether the civil action resulted in a

final settlement or a judgment in favor of the plaintiff.

(E) in (FOOTNOTE 1) the case of a judgment in favor of the

plaintiff, the name of the civil action, the number assigned the

civil action, and the court in which the civil action was filed.

(FOOTNOTE 1) So in original. Probably should be capitalized.

(2) A manufacturer furnishing the report required by paragraph

(1) may include (A) a statement as to whether any judgment in favor

of the plaintiff is under appeal or is expected to be appealed or

(B) any other information which the manufacturer chooses to

provide. A manufacturer reporting to the Commission under

subsection (a) of this section need not admit or may specifically

deny that the information it submits reasonably supports the

conclusion that its consumer product caused a death or grievous

bodily injury.

(3) No statement of the amount paid by the manufacturer in a

final settlement shall be required as part of the report furnished

under subsection (a) of this section, nor shall such a statement of

settlement amount be required under any other section of this

chapter.

(d) Report not deemed an admission of liability

The reporting of a civil action described in subsection (a) of

this section by a manufacturer shall not constitute an admission of

-

(1) an unreasonable risk of injury,

(2) a defect in the consumer product which was the subject of

such action,

(3) a substantial product hazard,

(4) an imminent hazard, or

(5) any other admission of liability under any statute or under

any common law.

(e) Definitions

For purposes of this section:

(1) A grievous bodily injury includes any of the following

categories of injury: mutilation, amputation, dismemberment,

disfigurement, loss of important bodily functions, debilitating

internal disorder, severe burn, severe electric shock, and

injuries likely to require extended hospitalization.

(2) For purposes of this section, (FOOTNOTE 2) a particular

model of a consumer product is one that is distinctive in

functional design, construction, warnings or instructions related

to safety, function, user population, or other characteristics

which could affect the product's safety related performance.

(FOOTNOTE 2) So in original.

-SOURCE-

(Pub. L. 92-573, Sec. 37, as added Pub. L. 101-608, title I, Sec.

112(b), Nov. 16, 1990, 104 Stat. 3115.)

-MISC1-

CONGRESSIONAL REPORTS

Section 112(f) of Pub. L. 101-608 provided that:

''(1) The Consumer Product Safety Commission shall report to the

Congress on the extent to which reports made to the Commission

under section 37 of the Consumer Product Safety Act (15 U.S.C.

2084) have assisted the Commission in carrying out its

responsibilities under such Act (15 U.S.C. 2051 et seq.). The

report -

''(A) shall provide aggregate data and not the details and

contents of individual reports filed with the Commission pursuant

to such section 37,

''(B) shall not disclose the brand names of products included

in reports under such section 15(b) or 37 (15 U.S.C. 2064(b),

2084) or the number of reports under such sections for particular

models or classes of products, and

''(C) shall include -

''(i) a comparison of the number of reports received under

such section 37 and the number of reports received under

section 15(b) of such Act,

''(ii) a comparison of the number of reports filed with the

Commission before the date of the enactment of this Act (Nov.

16, 1990) and after such date, and

''(iii) the total number of settlements and court judgments

reported under such section 37 and the total number of

rulemakings and enforcement actions undertaken in response to

such reports,

''(iv) recommendations of the Commission for additional

improvements in reporting under the Consumer Product Safety

Act.

''(2) The first report under paragraph (1) shall be due February

1, 1992, and the second such report shall be due April 1, 1993.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2055, 2068 of this title.

-CITE-

15 USC Sec. 2085 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-

Sec. 2085. Low-speed electric bicycles

-STATUTE-

(a) Construction

Notwithstanding any other provision of law, low-speed electric

bicycles are consumer products within the meaning of section

2052(a)(1) of this title and shall be subject to the Commission

regulations published at section 1500.18(a)(12) and part 1512 of

title 16, Code of Federal Regulations.

(b) Definition

For the purpose of this section, the term ''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.

(c) Promulgation of requirements

To further protect the safety of consumers who ride low-speed

electric bicycles, the Commission may promulgate new or amended

requirements applicable to such vehicles as necessary and

appropriate.

(d) Preemption

This section shall supersede any State law or requirement with

respect to low-speed electric bicycles to the extent that such

State law or requirement is more stringent than the Federal law or

requirements referred to in subsection (a) of this section.

-SOURCE-

(Pub. L. 92-573, Sec. 38, as added Pub. L. 107-319, Sec. 1, Dec. 4,

2002, 116 Stat. 2776.)

-CITE-