Performance standards to protect against portable fuel container explosions near open flames or other ignition sources.
Consumer product safety standard for button cell or coin batteries and consumer products containing such batteries.
Consumer product safety standard to protect against tip-over of clothing storage units. Banned hazardous products. Banning of butyl nitrite. Banning of isopropal nitrite and other nitrites. Prohibition on sale of certain products containing specified phthalates. Banning of inclined sleepers for infants. Banning of crib bumpers. Procedure for consumer product safety rules. Judicial review of consumer product safety rules. Imminent hazards. Product certification and labeling. Substantial product hazards. Inspection and recordkeeping. Imported products. Exemption of exports. Prohibited acts. Civil penalties. Criminal penalties. Injunctive enforcement and seizure. Suits for damages. Additional enforcement of product safety rules and section 2064 orders. Private remedies. State standards. Additional functions of Consumer Product Safety Commission. Report on civil penalties. Inspector General audits and reports. Chronic Hazard Advisory Panels. Cooperation with States and other Federal agencies. Transfers of functions. Limitations on jurisdiction of Consumer Product Safety Commission. Authorization of appropriations. Interim cellulose insulation safety standard. Congressional veto of consumer product safety rules. Information reporting. Low-speed electric bicycles. Prohibition on industry-sponsored travel. Whistleblower protection. Financial responsibility. All-terrain vehicles. Grant program for carbon monoxide poisoning prevention.CHAPTER 47 -CONSUMER PRODUCT SAFETY!@!Sec. 2051 -->
(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.
"(1) In general .—Except as otherwise specifically provided in this Act [see Short Title of 2008 Amendment note below], this Act and the amendments made by this Act shall take effect on the date of enactment of this Act [Aug. 14, 2008].
"(2) Certain delayed effective dates .—The amendments made by sections 103(c) [amending section 2063 of this title ] and 214(a)(2) [amending section 2064 of this title ] shall take effect on the date that is 60 days after the date of enactment of this Act. Subsection (c) of section 42 of the Consumer Product Safety Act [ section 2089(c) of this title ], as added by section 232 of this Act, and the amendments made by sections 216 [amending sections 2066 and 2068 of this title ] and 223(b) [amending section 2066 of this title ] shall take effect on the date that is 30 days after the date of enactment of this Act."
§34, Oct. 27, 1972, 86 Stat. 1233 , 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."
§1, Aug. 16, 2022, 136 Stat. 2094 , provided that: "This Act [enacting section 2056e of this title and provisions set out as notes under section 2056e of this title ] may be cited as 'Reese's Law'."
§1, May 16, 2022, 136 Stat. 1208 , provided that: "This Act [enacting sections 2057d and 2057e of this title ] may be cited as the 'Safe Sleep for Babies Act of 2021'."
div. Q, title II, §201, Mar. 15, 2022, 136 Stat. 812 , provided that: "This title [enacting section 2090 of this title and provisions set out as notes under section 2090 of this title ] may be cited as the 'Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2022'."
§1, Jan. 14, 2013, 126 Stat. 2437 , provided that: "This Act [enacting section 2056c of this title and provisions set out as notes under section 2056c of this title ] may be cited as the 'Drywall Safety Act of 2012'."
§1(a), Aug. 14, 2008, 122 Stat. 3016 , provided that: "This Act [enacting sections 1278a, 1477, 2053a, 2055a, 2056a, 2056b, 2057c, 2076b, 2086 to 2089, and 8008 of this title , amending sections 1191, 1193, 1194, 1196, 1201 to 1204, 1261 to 1266, 1269 to 1276, 1278, 1472, 2052, 2054, 2055, 2058, 2060, 2063 to 2070, 2073, 2076, 2077 to 2079, 2081, 2082, 8002, and 8003 of this title , enacting provisions set out as notes under this section and sections 1194, 2053, 2060, 2063, 2066, 2069, and 2076 of this title , amending provisions set out as notes under sections 401 and 1261 of this title and section 1113 of Title 31 , Money and Finance, and repealing provisions set out as a note under section 2053 of this title ] may be cited as the 'Consumer Product Safety Improvement Act of 2008'."
§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'."
title XII, §1201(a), Aug. 13, 1981, 95 Stat. 703 , provided that: "This subtitle [subtitle A (§§1201–1215) of title XII of
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'."
§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'."
§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'."
§1, Oct. 27, 1972, 86 Stat. 1207 , 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'."
§3, Aug. 14, 2008, 122 Stat. 3017 , provided that: "The Commission may issue regulations, as necessary, to implement this Act [see Short Title of 2008 Amendment note above] and the amendments made by this Act."
title II, §239(b), Aug. 14, 2008, 122 Stat. 3076 , provided that: "If any provision of this Act [see Short Title of 2008 Amendment note above] or the amendments made by this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act and the amendments made by this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation."
§33, Oct. 27, 1972, 86 Stat. 1233 , provided that: "If any provision of this Act [see Short Title note above], or the application of such provision to any person or circumstance, 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."
"(a) Rule With Regard to Preemption .—The provisions of sections 25 and 26 of the Consumer Product Safety Act ( 15 U.S.C. 2074 and 2075, respectively), section 18 of the Federal Hazardous Substances Act ([
] 15 U.S.C. 1261 note ), section 16 of the Flammable Fabrics Act ( 15 U.S.C. 1203 ), and section 7 of the Poison Packaging Prevention Act of 1970 [Poison Prevention Packaging Act of 1970] ( 15 U.S.C. 1476 ) establishing the extent to which those Acts preempt, limit, or otherwise affect any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law may not be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation thereunder, or by reference in any preamble, statement of policy, executive branch statements, or other matter associated with the publication of any such rule or regulation. In accordance with the provisions of those Acts, the Commission may not construe any such Act as preempting any cause of action under State or local common law or State statutory law regarding damage claims.
"(b) Preservation of Certain State Law .—Nothing in this Act [see Short Title of 2008 Amendment note above] or the Federal Hazardous Substances Act [ 15 U.S.C. 1261 et seq. ] shall be construed to preempt or otherwise affect any warning requirement relating to consumer products or substances that is established pursuant to State law that was in effect on August 31, 2003."
"(a) Defined Terms .—As used in this Act [see Short Title of 2008 Amendment note above]—
"(1) the term 'appropriate Congressional committees' means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; and
"(2) the term 'Commission' means the Consumer Product Safety Commission."
CHAPTER 47 -CONSUMER PRODUCT SAFETY!@!Sec. 2052 -->
In this chapter:
The term "appropriate Congressional committees" means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
The term "children's product" means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:
(A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.
(B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger.
(C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.
(D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.
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).
The term "Commission" means the Consumer Product Safety Commission, established by section 2053 of this title .
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 1 ),
(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) 1 and 2080 of this title, for other limitations on Commission's authority to regulate certain consumer products.
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.
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.
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.
The terms "import" and "importation" include reimporting a consumer product manufactured or processed, in whole or in part, in the United States.
The term "manufactured" means to manufacture, produce, or assemble.
The term "manufacturer" means any person who manufactures or imports a consumer product.
(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.
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.
The term "risk of injury" means a risk of death, personal injury, or serious or frequent illness.
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.
The term "third-party logistics provider" means a person who solely receives, holds, or otherwise transports a consumer product in the ordinary course of business but who does not take title to the product.
The term "United States", when used in the geographic sense, means all of the States (as defined in paragraph (10)). 2
A common carrier, contract carrier, third-party logistics provider, 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.
Section 2079(d) of this title , referred to in subsec. (a)(5), was repealed by
Section 30102(a)(6) and (7) of title 49, referred to in subsec. (a)(5)(C), was redesignated section 30102(a)(7) and (8) of title 49 by section 24109(b)(2) of
The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (a)(5)(D), is act June 25, 1947, ch. 125, as amended generally by
Oct. 21, 1972, 86 Stat. 973 , which is classified generally to subchapter II (§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)(5)(G), consisted of R.S. §§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. §§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
Aug. 26, 1983, 97 Stat. 500 . For disposition of sections of former Title 46 into revised Title 46, Shipping, see Disposition Table preceding section 101 of Title 46 .
The Federal Hazardous Substances Act, referred to in the provisions following subsec. (a)(5)(I), is
July 12, 1960, 74 Stat. 372 , which is classified generally to chapter 30 (§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)(15), see section 3602(b) of Title 22 , Foreign Relations and Intercourse.
In subsec. (a)(5)(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
§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)(5)(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
§2(b), Aug. 26, 1983, 97 Stat. 598 , section 1 of which enacted Title 46, Shipping.
2008—Subsec. (a).
§235(b)(2)–(4), realigned margins, inserted par. headings, reordered pars. in alphabetical order based on headings of pars., and renumbered pars. as so reordered.
§235(b)(1), which directed amendment of subsec. (a) by substituting subsec. heading and introductory provisions for "for purposes of this chapter:", was executed by making the substitution for "For purposes of this chapter:" to reflect the probable intent of Congress.
Subsec. (a)(15) to (17).
§235(a), added pars. (15) defining "appropriate Congressional committees", (16) defining "children's product", and (17) defining "third-party logistics providers".
§235(b)(5), (c)(1), inserted heading and inserted "third-party logistics provider," after "contract carrier," in text.
1986—Subsec. (a)(1)(E).
substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954".
1981—Subsec. (a)(1).
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).
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).
"(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."
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
set out as a note under section 2051 of this title .
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 .
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48 , Territories and Insular Possessions.
CHAPTER 47 -CONSUMER PRODUCT SAFETY!@!Sec. 2053 -->
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.
(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.
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.
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.
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.
(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.
(1)(A) The Chairman, subject to the approval of the Commission, shall appoint as officers of the Commission an Executive Director, a General Counsel, an Associate Executive Director for Engineering Sciences, an Associate Executive Director for Epidemiology, an Associate Executive Director for Compliance and Administrative Litigation, an Associate Executive Director for Health Sciences, an Associate Executive Director for Economic Analysis, an Associate Executive Director for Administration, an Associate Executive Director for Field Operations, a Director for Office of Program, Management, and Budget, and a Director for Office of Information and Public Affairs. Any other individual appointed to a position designated as an Associate Executive Director shall be appointed by the Chairman, subject to the approval of the Commission. The Chairman may only appoint an attorney to the position of Associate Executive Director of Compliance and Administrative Litigation except the position of acting Associate Executive Director of Compliance and Administrative Litigation.
(B)(i) No individual may be appointed to such a position on an acting basis for a period longer than 90 days unless such appointment is approved by the Commission.
(ii) The Chairman, with the approval of the Commission, may remove any individual serving in a position appointed under subparagraph (A).
(C) Subparagraph (A) shall not be construed to prohibit appropriate reorganizations or changes in classification.
(2) The Chairman, subject to subsection (f)(2), may employ such other officers and employees (including attorneys) as are necessary in the execution of the Commission's functions.
(3) In addition to the number of positions authorized by section 5108(a) of title 5 , the Chairman, subject to the approval of the Commission, and subject to the standards and procedures prescribed by chapter 51 of title 5 , may place a total of twelve positions in grades GS–16, GS–17, and GS–18.
(4) The appointment of any officer (other than a Commissioner) or employee of the Commission shall not be subject, directly or indirectly, to review or approval by any officer or entity within the Executive Office of the President.
(5) The Chairman may provide to officers and employees of the Commission who are appointed or assigned by the Commission to serve abroad (as defined in section 102 of the Foreign Service Act of 1980 ( 22 U.S.C. 3902 )) travel benefits similar to those authorized for members of the Foreign Service of the United Service under chapter 9 1 of such Act ( 22 U.S.C. 4081 et seq. ).
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.
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.
The Foreign Service Act of 1980, referred to in subsec. (g)(5), is
Oct. 17, 1980, 94 Stat. 2071 . Chapter 9 of the Act probably means chapter 9 of title I of the Act which is classified generally to subchapter IX (§4081 et seq.) of chapter 52 of Title 22 , Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Tables.
Subsec. (h) of this section amended sections 5314 and 5315 of Title 5 , Government Organization and Employees.
2011—Subsec. (g)(5).
1990—Subsec. (a).
§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."
§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".
§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."
§105(a), added subsec. (j).
1980—Subsec. (g)(2).
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).
§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."
§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).
§4(b), substituted "regular" for "full-time" before "officer or employee of the Commission" and added pars. (3) and (4).
§5, added subsec. (i).
title I, §105(b), Nov. 16, 1990, 104 Stat. 3111 , 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]."
Section effective Oct. 27, 1972, see section 34(1) of
set out as a note under section 2051 of this title .
title II, §202(a), Aug. 14, 2008, 122 Stat. 3039 , provided that: "Notwithstanding section 4(d) of the Consumer Product Safety Act ( 15 U.S.C. 2053(d) ), 2 members of the [Consumer Product Safety] Commission, if they are not affiliated with the same political party, shall constitute a quorum for the transaction of business for the 1 year period beginning on the date of enactment of this Act [Aug. 14, 2008]."
title II, §212(b), Aug. 14, 2008, 122 Stat. 3052 , provided that: "The [Consumer Product Safety] Commission shall expedite efforts to upgrade and improve the information technology systems in use by the Commission on the date of enactment of this Act [Aug. 14, 2008]."
title III, Oct. 6, 1992, 106 Stat. 1596 , provided in part that funds would 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, prior to repeal by
title II, §202(b)(2), Aug. 14, 2008, 122 Stat. 3040 , provided that: "The amendment made by paragraph (1) [repealing provisions of title III of
formerly set out above] shall take effect 1 year after the date of enactment of this Act [Aug. 14, 2008]."]
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
set out in a note under section 5376 of Title 5 .
CHAPTER 47 -CONSUMER PRODUCT SAFETY!@!Sec. 2053a -->
The Commission may—
(1) retain or employ officers or employees of foreign government agencies on a temporary basis pursuant to section 2053 of this title or section 3101 or 3109 of title 5 ; and
(2) detail officers or employees of the Commission to work on a temporary basis for appropriate foreign government agencies for the purpose of providing or receiving training.
The Commission may execute the authority contained in subsection (a) with or without reimbursement in money or in kind, and with or without reciprocal arrangements by or on behalf of the foreign government agency involved. Any amounts received as reimbursement for expenses incurred by the Commission under this section shall be credited to the appropriations account from which such expenses were paid.
An individual retained or employed under subsection (a)(1) shall be considered to be a Federal employee while so retained or employed, only for purposes of—
(1) injury compensation as provided in chapter 81 of title 5 and tort claims liability under chapter 171 of title 28 ;
(2) chapter 131 of title 5 and the provisions of chapter 11 of title 18 ; and
(3) any other statute or regulation governing the conduct of Federal employees.
Section was enacted as part of the Consumer Product Safety Improvement Act of 2008, and not as part of the Consumer Product Safety Act which comprises this chapter.
2022—Subsec. (c)(2).
substituted " chapter 131 of title 5 " for "the Ethics in Government Act (5 U.S.C. App.)".
For definition of "Commission" used in this section, see section 2(a) of
set out as a note under section 2051 of this title .
CHAPTER 47 -CONSUMER PRODUCT SAFETY!@!Sec. 2054 -->
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 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.
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.
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).
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.
2008—Subsec. (a)(3).
struck out "an advance notice of proposed rulemaking or" after "following publication of".
1981—Subsec. (a)(3), (4).
§1209(a), added pars. (3) and (4).
§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 Aug. 13, 1981, see section 1215 of
set out as a note under section 2052 of this title .
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
set out as a note under section 2051 of this title .
title II, §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."
"(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.
"(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.
"(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.
"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.
"(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."
§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."
title V, §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 ]."
CHAPTER 47 -CONSUMER PRODUCT SAFETY!@!Sec. 2055 -->
(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). A manufacturer or private labeler shall submit any such mark within 15 calendar days after the date on which it receives the Commission's offer.
(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.
(1) Except as provided by paragraph (4) of this subsection, not less than 15 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 publishes a finding that the public health and safety requires a lesser period of notice), 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 5 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 publishes a finding that the public health and safety requires a lesser period of notice.
(3)(A) 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).
(B) If the Commission determines that the public health and safety requires expedited consideration of an action brought under subparagraph (A), the Commission may file a request with the District Court for such expedited consideration. If the Commission files such a request, the District Court shall—
(i) assign the matter for hearing at the earliest possible date;
(ii) give precedence to the matter, to the greatest extent practicable, over all other matters pending on the docket of the court at the time;
(iii) expedite consideration of the matter to the greatest extent practicable; and
(iv) grant or deny the requested injunction within 30 days after the date on which the Commission's request was filed with the court.
(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 any consumer product safety rule or provision of this Act or similar rule or provision of any other Act enforced by the Commission; 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;
(C) the person who submitted the information under section 2064(b) of this title agrees to its public disclosure; or
(D) the Commission publishes a finding that the public health and safety requires public disclosure with a lesser period of notice than is required under paragraph (1).
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 any consumer product safety rule or provision under this Act or similar rule or provision of any other Act enforced by the Commission, 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.
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.
(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.
(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 either of the appropriate Congressional committees or any subcommittee thereof, 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.