-CITE-
    15 USC CHAPTER 47 - CONSUMER PRODUCT SAFETY                 01/03/2007

-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.                   
    2054.       Product safety information and research.              
    2055.       Public disclosure of information.                     
    2056.       Consumer product safety standards.                    
    2057.       Banned hazardous products.                            
    2057a.      Banning of butyl nitrite.                             
    2057b.      Banning of isopropal nitrite and other nitrites.      
    2058.       Procedure for consumer product safety rules.          
    2059.       Repealed.                                             
    2060.       Judicial review of consumer product safety rules.     
    2061.       Imminent hazards.                                     
    2062.       Repealed.                                             
    2063.       Product certification and labeling.                   
    2064.       Substantial product hazards.                          
    2065.       Inspection and recordkeeping.                         
    2066.       Imported products.                                    
    2067.       Exemption of exports.                                 
    2068.       Prohibited acts.                                      
    2069.       Civil penalties.                                      
    2070.       Criminal penalties.                                   
    2071.       Injunctive enforcement and seizure.                   
    2072.       Suits for damages.                                    
    2073.       Private enforcement.                                  
    2074.       Private remedies.                                     
    2075.       State standards.                                      
    2076.       Additional functions of Consumer Product Safety
                 Commission.                                          
    2076a.      Report on civil penalties.                            
    2077.       Chronic Hazard Advisory Panels.                       
    2078.       Cooperation with States and other Federal agencies.   
    2079.       Transfers of functions.                               
    2080.       Limitations on jurisdiction of Consumer Product Safety
                 Commission.                                          
    2081.       Authorization of appropriations.                      
    2082.       Interim cellulose insulation safety standard.         
    2083.       Congressional veto of consumer product safety rules.  
    2084.       Information reporting.                                
    2085.       Low-speed electric bicycles.                          

-End-

-CITE-
    15 USC Sec. 2051                                            01/03/2007

-EXPCITE-
    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 (Secs. 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."

-End-

-CITE-
    15 USC Sec. 2052                                            01/03/2007

-EXPCITE-
    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. Secs. 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. Secs. 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.

-MISC1-
                                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.

-End-

-CITE-
    15 USC Sec. 2053                                            01/03/2007

-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, Secs. 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, Secs. 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.

-MISC1-
                                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.

-End-

-CITE-
    15 USC Sec. 2054                                            01/03/2007

-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]."

-End-

-CITE-
    15 USC Sec. 2055                                            01/03/2007

-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, Secs. 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.

-MISC1-
                                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.

-MISC2-
                     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.

-End-

-CITE-
    15 USC Sec. 2056                                            01/03/2007

-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, Secs. 6, 7, 8(a), May 11, 1976, 90 Stat. 505, 506; Pub. L. 95-
    631, Secs. 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.

-MISC1-
                                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."

-End-

-CITE-
    15 USC Sec. 2057                                            01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 2057a                                           01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 2057b                                           01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 2058                                            01/03/2007

-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,
    Secs. 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.

-MISC2-
                     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.

-End-

-CITE-
    15 USC Sec. 2059                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-
    Sec. 2059. Repealed.

-MISC1-
    Sec. 2059. Repealed. Pub. L. 97-35, title XII, Sec. 1210, Aug. 13,
      1981, 95 Stat. 721.
      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.

-End-

-CITE-
    15 USC Sec. 2060                                            01/03/2007

-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 (!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.

    (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, Secs. 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.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a closing
         parenthesis.

-End-

-CITE-
    15 USC Sec. 2061                                            01/03/2007

-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) (!1) Cost-benefit analysis of compliance with relief ordered in
      action for judicial review of consumer product safety rule not
      required

      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.

-FOOTNOTE-
    (!1) So in original. Probably should be "(f)".

-End-

-CITE-
    15 USC Sec. 2062                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-
    Sec. 2062. Repealed.

-MISC1-
    Sec. 2062. Repealed. Pub. L. 97-35, title XII, Sec. 1211(b), Aug.
      13, 1981, 95 Stat. 721.
      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.

-End-

-CITE-
    15 USC Sec. 2063                                            01/03/2007

-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.)

-End-

-CITE-
    15 USC Sec. 2064                                            01/03/2007

-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 (!1) a
    preliminary injunction under this subsection.

    (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, Secs. 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.

-MISC1-
                                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."

-FOOTNOTE-
    (!1) So in original. Probably should be "extend".

-End-

-CITE-
    15 USC Sec. 2065                                            01/03/2007

-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.)

-End-

-CITE-
    15 USC Sec. 2066                                            01/03/2007

-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.

-MISC1-
                                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.

-End-

-CITE-
    15 USC Sec. 2067                                            01/03/2007

-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).

-End-

-CITE-
    15 USC Sec. 2068                                            01/03/2007

-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 (!1)

        (8) fail to comply with any rule under section 2076(e) of this
      title (relating to provision of performance and technical data);
      and (!1)
        (9) fail to comply with any rule or requirement under section
      2082 of this title (relating to labeling and testing of cellulose
      insulation).(!1)
        (10) fail to file a statement with the Commission pursuant to
      section 2067(b) of this title.(!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, Secs. 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.

-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".

-End-

-CITE-
    15 USC Sec. 2069                                            01/03/2007

-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,
    Secs. 112(e), 115(a), Nov. 16, 1990, 104 Stat. 3117, 3118.)

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a)(1). Pub. L. 101-608, Secs. 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.

-End-

-CITE-
    15 USC Sec. 2070                                            01/03/2007

-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.)

-End-

-CITE-
    15 USC Sec. 2071                                            01/03/2007

-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, Secs. 11(b), 12(c), May 11, 1976, 90 Stat. 507, 508.)

-MISC1-
                                AMENDMENTS                            
      1976 - Subsec. (a). Pub. L. 94-284, Secs. 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.

-End-

-CITE-
    15 USC Sec. 2072                                            01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 2073                                            01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 2074                                            01/03/2007

-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.)

-End-

-CITE-
    15 USC Sec. 2075                                            01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 2076                                            01/03/2007

-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, Secs.
    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, Secs. 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.

-MISC1-
                                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.

-End-

-CITE-
    15 USC Sec. 2076a                                           01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 2077                                            01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 2078                                            01/03/2007

-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).

-End-

-CITE-
    15 USC Sec. 2079                                            01/03/2007

-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, Secs. 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.

-MISC1-
                                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.

-End-

-CITE-
    15 USC Sec. 2080                                            01/03/2007

-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) (!1) of the Public Health Service Act) if
    such risk of injury may be subjected to regulation under subpart 3
    (!1) of part F of title III of the Public Health Service Act.

    (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 note 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.

-MISC1-
                                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."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    15 USC Sec. 2081                                            01/03/2007

-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, Secs. 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.

-MISC2-
                     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.

-End-

-CITE-
    15 USC Sec. 2082                                            01/03/2007

-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.

-MISC2-
              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."

-End-

-CITE-
    15 USC Sec. 2083                                            01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 2084                                            01/03/2007

-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 (!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.

      (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,(!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.

-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."

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.

    (!2) So in original.

-End-

-CITE-
    15 USC Sec. 2085                                            01/03/2007

-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.)

-End-