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Title 15 — Commerce and Trade

Chapter 47 — Consumer Product Safety

§ 2076. Additional functions of Consumer Product Safety Commission

Statutory text

(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 and physical 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;

(9)

to delegate to the general counsel of the Commission the authority to issue subpoenas solely to Federal, State, or local government agencies for evidence described in paragraph (3); and

(10)

to delegate any of its functions or powers, other than the power to issue subpenas under paragraph (3) (except as provided in paragraph (9)), 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)) 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

Notwithstanding section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note), 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)

the number and a summary of recall orders issued under section 2061 or 2064 of this title during such year and a summary of voluntary corrective actions taken by manufacturers in consultation with the Commission of which the Commission has notified the public, and an assessment of such orders and actions;

(6)

beginning not later than 1 year after —

(A)

progress reports and incident updates with respect to action plans implemented under section 2064(d) of this title;

(B)

statistics with respect to injuries and deaths associated with products that the Commission determines present a substantial product hazard under section 2064(c) of this title; and

(C)

the number and type of communication from consumers to the Commission with respect to each product with respect to which the Commission takes action under section 2064(d) of this title;

(7)

an analysis and evaluation of public and private consumer product safety research activities;

(8)

a list, with a brief statement of the issues, of completed or pending judicial actions under this chapter;

(9)

the extent to which technical information was disseminated to the scientific and commercial communities and consumer information was made available to the public;

(10)

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;

(11)

an appraisal of significant actions of State and local governments relating to the responsibilities of the Commission;

(12)

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

(13)

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Consumer Product Safety Act

    Pub. L. 92–573 § 27 · 86 Stat. 1207

    Enacted · 15 U.S.C. § 2076

    Pub. L. 92–573, § 27, Oct. 27, 1972, 86 Stat. 1227

    Source evidence

    Code source credit
    Pub. L. 92–573, § 27, Oct. 27, 1972, 86 Stat. 1227

    Enacted provision · exact public law section
    Sec. 27. additional functions of commission (a) The Commission may, by one or more of its members Hearing notice, publication In Federal Register. 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 matter. 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) 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; 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 3679 of the Revised Statutes (31 U.S.C. 665(b)); (7) to initiate, prosecute, defend, or appeal any court, action in the name of the Commission for the purpose of enforcing the laws subject to its jurisdiction, through its own legal representative with the concurrence of the Attorney General or through the Attorney General; and (8) 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. (c) Any United States district court within the jurisdiction of which any inquiry is carried on, may, upon petition by the Commission with the concurrence of the Attorney Genera] 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) 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) 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 Act, 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 Act. (f) For purposes of carrying out this Act, 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, distributors, or retailer’s cost. (g) The Commission is authorized to enter into contracts with governmental entities, private organizations, or individuals for the conduct of activities authorized by this Act. (h) 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 Act. (i) (1) Each recipient of assistance under this Act 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 GAO audit. 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 Act under other than competitive bidding procedures. (j) Tire Commission shall prepare and submit to the President and Report to President and Congress. the Congress on or before October 1 of each year a comprehensive report on the administration of this Act 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 Act 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 Act; (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 Act, 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: and (10) such recommendations for additional legislation as the Commission deems necessary to carry out the purposes of this Act. (k) (1) Whenever the Commission submits any budget estimate or Budget estimate, transmittal to Congress. 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, Legislative recommendations, transmittal to Congress. 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.

  2. Fiscal Year Adjustment Act

    Pub. L. 94–273 § 31 · 90 Stat. 375

    Substituted · 15 U.S.C. § 2076(j)

    Pub. L. 94–273 substituted “at the beginning of each regular session of Congress” for “on or before October 1 of each year”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    Sec. 31. Section 27(j) of the Consumer Product Safety Act (15 U.S.C. 2076(j)), is amended by deleting “on or before October 1 of each year” and inserting “at the beginning of each regular session of Congress” in lieu thereof.

  3. Consumer Product Safety Commission Improvements Act of 1976

    Pub. L. 94–284 § 11(c) · 90 Stat. 503

    Changed · 15 U.S.C. § 2076(b)(7)

    Pub. L. 94–284, § 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

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 94–284, § 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.

    Enacted provision · exact public law section
    (c) Section 27(b)(7) of such Act (15 U.S.C. 2076(b)(7)) is amended to read as follows: “(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;”.

  4. Consumer Product Safety Commission Improvements Act of 1976

    Pub. L. 94–284 § 8(b) · 90 Stat. 503

    1. Added · 15 U.S.C. § 2076(b)(8); 15 U.S.C. § 2076(b)(9)

      Pub. L. 94–284, § 8(b), added par. (8)

    2. Redesignated · 15 U.S.C. § 2076(b)(8); 15 U.S.C. § 2076(b)(9)

      Pub. L. 94–284, § 8(b), redesignated former par. (8) as par (9)

    Source evidence

    Code amendment note
    Subsec. (b)(8), (9). Pub. L. 94–284, § 8(b), added par. (8) and redesignated former par. (8) as par (9).

    Enacted provision · exact public law section
    (b) Section 27(b) of such Act (15 U.S.C. 2076(b)) is amended by— (1) striking out “and” at the end of paragraph (7), and (2) redesignating paragraph (8) as paragraph (9) and inserting after paragraph (7) the following new paragraph: “(8) to lease buildings or parts of buildings in the District of Columbia, without regard to the Act of March 3, 1877 (40 U.S.C. 34), for the use of the Commission; and”.

  5. Consumer Product Safety Commission Improvements Act of 1976

    Pub. L. 94–284 § 11(d) · 90 Stat. 503

    Substituted · 15 U.S.C. § 2076(c)

    Pub. L. 94–284, § 11(d), substituted “(subject to subsection (b)(7))” for “with the concurrence of the Attorney General”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 94–284, § 11(d), substituted “(subject to subsection (b)(7))” for “with the concurrence of the Attorney General”.

    Enacted provision · exact public law section
    (d) Section 27(c) of such Act (10 U.S.C. 2076(c)) is amended by striking out “with the concurrence of the Attorney General” and inserting in lieu thereof “(subject to subsection (b)(7))”.

  6. Consumer Product Safety Commission Improvements Act of 1976

    Pub. L. 94–284 § 14 · 90 Stat. 503

    Added · 15 U.S.C. § 2076(l)

    Pub. L. 94–284, § 14, added subsec. (l)

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 94–284, § 14, added subsec. (l).

    Enacted provision · exact public law section
    Sec. 14. congressional review of proposed administrative actions of the commission Section 27 of the Consumer Product Safety Act (15 U.S.C. 2076) is amended by adding at the end thereof the following new subsection: “(l) (1) Except as provided in paragraph (2)— “(A) the Commission shall transmit to the Committee on Commerce Proposed safety rules and regulations; transmittal to congressional committees. of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives each consumer product safety rule proposed after the date of the enactment of this subsection and each regulation proposed by the Commission after such date under section 2 or 3 of the Federal Hazardous Substances Act, section 3 of the Poison Prevention Packaging Act of 1970, or 15 USC 1261, 1262, 1472. 15 USC 1193. section 4 of the Flammable Fabrics Act: and “(B) no consumer product safety rule and no regulation under a section referred to in subparagraph (A) may be adopted by the Commission before the thirtieth day after the date the proposed rule or regulation upon which such rule or regulation was based was transmitted pursuant to subparagraph (A). “(2) Paragraph (1) does not apply with respect to a regulation Children’s toys. under section 2(q) of the Federal Hazardous Substances Act respecting a hazardous substance the distribution of which is found under paragraph (2) of such section to present an imminent hazard or a regulation under section 3(e) of such Act respecting a toy or other article intended for use by children the distribution of which is found under paragraph (2) of such section to present an imminent hazard.”.

  7. Pub. L. 95–631 § 11 · 92 Stat. 3742

    Added · 15 U.S.C. § 2076(m)

    Pub. L. 95–631 added subsec. (m)

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 95–631 added subsec. (m).

    Enacted provision · exact public law section
    Sec. 11. Section 27 of the Consumer Product Safety Act (15 U.S.C. 2076) is amended by adding at the end thereof the following new subsection: “(m) (1) For purposes of this subsection, the term ‘rule’ means— “(A) any rule prescribed by the Commission pursuant to section 15 USC 2058. 9; “(B) any rule prescribed by the Commission pursuant to section 2(q)(1)(B) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)(1)(B)); “(C) any rule prescribed by the Commission under section 3 of the Poison Prevention Packaging Act (15 U.S.C. 1472); and “(D) any rule prescribed by the Commission under section 4 of the Flammable Fabrics Act (15 U.S.C. 1193). “(2) Within 18 months after the effective date of this subsection, Study. the Commission shall begin a study of all the rules which the Commission has issued and which are in effect on such effective date. At Report to Congress. the end of such 18-month period, the Chairman of the Commission shall submit a report to the Congress which shall, to the extent practicable and appropriate (taking into account the resources and priorities of the Commission)— “(A) recommend the deletion of particular rules and portions of rules, including reasons for such recommendations; and “(B) recommend the initiation of appropriate rulemaking proceedings under this Act to make changes or modifications in particular rules or portions of rules. “(3) In any case in which the Commission proposes to delete any Notification to House and Senate. rule or portion of a rule during the 18-month period specified in paragraph (2), the Commission shall notify each House of the Congress of such proposal at the time such proposal is published in the Federal Register. “(4) (A) To the extent practicable and appropriate (taking into account the resources and priorities of the Commission), the Chairman of the Commission shall include in the report submitted to the Congress under this subsection, for each rule which the Commission has issued and which is in effect on the effective date of this subsection— “(i) an economic impact analysis which takes into account, for such rule, the cost, impact on and benefits to consumers and affected businesses (with particular attention to small businesses); “(ii) a paperwork impact analysis containing— “(I) an estimate of the numbers of, and a description of the classes of, persons who are required to file reports maintain records, and fulfill any of the information-gathering requirements under such rule; “(II) an estimate of the nature and amount of the information required to be filed in such reports, the frequency of such reports, the nature and number of records required to be kept by such persons, and the amount of time such persons would require, and the costs which would be incurred, to keep such records and make such reports; and “(III) a description of steps being taken by the Commission to ensure that there is no unnecessary duplication in recordkeeping and report filing resulting from such rule; “(iii) a judicial impact analysis showing the effect of such rule on the workload of the Federal courts; and “(iv) such other explanatory and supporting statements and materials as the Commission determines necessary and appropriate for congressional consideration of such report. “(B) (i) Except as provided in clause (ii), no material submitted to the Congress by the Chairman of the Commission under this para-graph shall be subject to any judicial review, including any judicial review to determine whether such material is sufficient to comply with Noncompliance, statement. the requirements of this paragraph. In the event the Chairman of the Commission finds that it is impractical or inappropriate to submit the information required under clauses (i) through (in) of subparagraph (A), the Chairman of the Commission shall submit a statement as to why he cannot so comply. “(ii) if any material submitted to the Congress by the Chairman of the Commission under this paragraph also is included in any rulemaking record of the Commission, any determination regarding whether such material is subject to judicial review in connection with any review of such rulemaking record shall not be affected by the submission of such material to the Congress under this paragraph.”.

  8. Pub. L. 97–35 § 1208 · 95 Stat. 357

    Substituted · 15 U.S.C. § 2076(b)

    Pub. L. 97–35, § 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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–35, § 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.

    Enacted provision · exact public law section
    Sec. 1208. reports (a) Section 27(b)(1) (15 U.S.C. 2076(b)(1)) is amended by inserting “to carry out a specific regulatory or enforcement function of the Commission” after “may prescribe”. (b) Section 27(b) is amended by adding after and below paragraph (9) the following: “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.”.

  9. Pub. L. 97–35 § 1209(c) · 95 Stat. 357

    1. Added · 15 U.S.C. § 2076(j)(10); 15 U.S.C. § 2076(j)(11)

      Pub. L. 97–35, § 1209(c), added par. (10)

    2. Redesignated · 15 U.S.C. § 2076(j)(10); 15 U.S.C. § 2076(j)(11)

      Pub. L. 97–35, § 1209(c), redesignated former par. (10) as (11)

    Source evidence

    Code amendment note
    Subsec. (j)(10), (11). Pub. L. 97–35, § 1209(c), added par. (10) and redesignated former par. (10) as (11).

    Enacted provision · exact public law section
    (c) Section 27(j)(15 U.S.C. 2076(j)) is amended— (1) by striking “and” at the end of paragraph (9); (2) by redesignating paragraph (10) as paragraph (11); and (3) by inserting immediately after paragraph (9) the following: “(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 of 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”.

  10. Pub. L. 97–35 § 1207(b) · 95 Stat. 357

    Struck · 15 U.S.C. § 2076(l)

    Pub. L. 97–35, § 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

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 97–35, § 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.

    Enacted provision · exact public law section
    (b) Subsection (1) of section 27 (15 U.S.C. 2076) is repealed.

  11. Pub. L. 97–35 § 1211(d) · 95 Stat. 357

    Struck · 15 U.S.C. § 2076(m)

    Pub. L. 97–35, § 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

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 97–35, § 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.

    Enacted provision · exact public law section
    (d) Section 27 (15 U.S.C. 2076) is amended by striking out subsection (m).

  12. Consumer Product Safety Improvement Act of 2008

    Pub. L. 110–314 § 209(a)(1) · 122 Stat. 3016

    Substituted · 15 U.S.C. § 2076(j)

    Pub. L. 110–314, § 209(a)(1), substituted “Notwithstanding section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note), the Commission” for “The Commission” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 110–314, § 209(a)(1), substituted “Notwithstanding section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note), the Commission” for “The Commission” in introductory provisions.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1), by striking “The Commission” and inserting “Notwithstanding section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note), the Commission”; and

    Effective date note
    Pub. L. 110–314, title II, § 209(b), Aug. 14, 2008, 122 Stat. 3047, provided that: “The amendments made by this section [amending this section] shall apply with respect to reports submitted for fiscal year 2009 and thereafter.”

  13. Consumer Product Safety Improvement Act of 2008

    Pub. L. 110–314 § 209(a)(2) · 122 Stat. 3016

    1. Added · 15 U.S.C. § 2076(j)(5)(13)

      Pub. L. 110–314, § 209(a)(2), added pars. (5) and (6)

    2. Redesignated · 15 U.S.C. § 2076(j)(5)(13)

      Pub. L. 110–314, § 209(a)(2), redesignated former pars. (5) to (11) as (7) to (13), respectively

    Source evidence

    Code amendment note
    Subsec. (j)(5) to (13). Pub. L. 110–314, § 209(a)(2), added pars. (5) and (6) and redesignated former pars. (5) to (11) as (7) to (13), respectively.

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (5) through (11) as paragraphs (7) through (13), respectively, and inserting after paragraph (4) the following: “(5) the number and a summary of recall orders issued under section 12 or 15 during such year and a summary of voluntary corrective actions taken by manufacturers in consultation with the Commission of which the Commission has notified the public, and an assessment of such orders and actions; “(6) beginning not later than 1 year after the date of enactment of the Consumer Product Safety Improvement Act of 2008— “(A) progress reports and incident updates with respect to action plans implemented under section 15(d); “(B) statistics with respect to injuries and deaths associated with products that the Commission determines present a substantial product hazard under section 15(c); and “(C) the number and type of communication from consumers to the Commission with respect to each product with respect to which the Commission takes action under section 15(d);” .

    Effective date note
    Pub. L. 110–314, title II, § 209(b), Aug. 14, 2008, 122 Stat. 3047, provided that: “The amendments made by this section [amending this section] shall apply with respect to reports submitted for fiscal year 2009 and thereafter.”

  14. Pub. L. 112–28 § 8(1) · 125 Stat. 282

    Inserted · 15 U.S.C. § 2076(b)(3)

    Pub. L. 112–28, § 8(1), inserted “and physical” after “documentary”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 112–28, § 8(1), inserted “and physical” after “documentary”.

    Enacted provision · exact public law section
    (1) in paragraph (3), by inserting “and physical” after “documentary”;

  15. Pub. L. 112–28 § 8(2) · 125 Stat. 282

    Redesignated · 15 U.S.C. § 2076(b)(9)

    Pub. L. 112–28, § 8(2), (3), added par. (9). Former par. (9) redesignated (10)

    Source evidence

    Code amendment note
    Subsec. (b)(9). Pub. L. 112–28, § 8(2), (3), added par. (9). Former par. (9) redesignated (10).

    Enacted provision · exact public law section
    (2) in paragraph (8), by striking “and”;

  16. Pub. L. 112–28 § 8(3) · 125 Stat. 282

    1. Redesignated · 15 U.S.C. § 2076(b)(10)

      Pub. L. 112–28, § 8(3), (4), redesignated par. (9) as (10)

    2. Inserted · 15 U.S.C. § 2076(b)(10)

      Pub. L. 112–28, § 8(3), (4), inserted “(except as provided in paragraph (9))” after “paragraph (3)”

    Source evidence

    Code amendment note
    Subsec. (b)(10). Pub. L. 112–28, § 8(3), (4), redesignated par. (9) as (10) and inserted “(except as provided in paragraph (9))” after “paragraph (3)”.

    Enacted provision · exact public law section
    (3) by redesignating paragraph (9) as paragraph (10) and inserting after paragraph (8) the following: “(9) to delegate to the general counsel of the Commission the authority to issue subpoenas solely to Federal, State, or local government agencies for evidence described in paragraph (3); and” ; and

20 of 20 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 3003 of the Federal Reports Elimination and Sunset Act of 1995, referred to in subsec. (j), is section 3003 of Pub. L. 104–66, which is set out as a note under section 1113 of Title 31, Money and Finance.

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, § 4(b), , 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 (40 U.S.C. 34)” on authority of Pub. L. 107–217, § 5(c), , 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Amendments1976–2011 · 5 rounds

2011

Subsec. (b)(3). Pub. L. 112–28, § 8(1), inserted “and physical” after “documentary”.

Subsec. (b)(9). Pub. L. 112–28, § 8(2), (3), added par. (9). Former par. (9) redesignated (10).

Subsec. (b)(10). Pub. L. 112–28, § 8(3), (4), redesignated par. (9) as (10) and inserted “(except as provided in paragraph (9))” after “paragraph (3)”.

2008

Subsec. (j). Pub. L. 110–314, § 209(a)(1), substituted “Notwithstanding section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note), the Commission” for “The Commission” in introductory provisions.

Subsec. (j)(5) to (13). Pub. L. 110–314, § 209(a)(2), added pars. (5) and (6) and redesignated former pars. (5) to (11) as (7) to (13), respectively.

1981

Subsec. (b). Pub. L. 97–35, § 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, § 1209(c), added par. (10) and redesignated former par. (10) as (11).

Subsec. (l). Pub. L. 97–35, § 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, § 1211(d), struck out subsec. (m) which defined “rule”, provided for a study of all the rules in effect on , 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, § 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, § 8(b), added par. (8) and redesignated former par. (8) as par (9).

Subsec. (c). Pub. L. 94–284, § 11(d), substituted “(subject to subsection (b)(7))” 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, § 14, added subsec. (l).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–314, title II, § 209(b), , 122 Stat. 3047, provided that: “The amendments made by this section [amending this section] shall apply with respect to reports submitted for fiscal year 2009 and thereafter.”

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 , and amendment by sections 1208, 1209(c), and 1211(d) of Pub. L. 97–35 effective , see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.

Effective Date

Section effective on the sixtieth day following , see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title.

Submission of Copy of Certain Documents to Congress

Pub. L. 110–314, title II, § 203(a), , 122 Stat. 3040, provided that: “Notwithstanding any rule, regulation, or order to the contrary, the [Consumer Product Safety] Commission shall comply with the requirements of section 27(k) of the Consumer Product Safety Act (15 U.S.C. 2076(k)) with respect to budget recommendations, legislative recommendations, testimony, and comments on legislation submitted by the Commission to the President or the Office of Management and Budget after the date of enactment of this Act [].”

User Fee Study

Pub. L. 101–608, title I, § 119, , 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 , and report results of study to Congress.

Credits

1972–2011 · 7 acts
  1. 1972Pub. L. 92–573, § 27, , 86 Stat. 1227
  2. 1976Pub. L. 94–273, § 31, , 90 Stat. 380
  3. 1976Pub. L. 94–284, §§ 8(b), 11(c), (d), 14, , 90 Stat. 506–509
  4. 1978Pub. L. 95–631, § 11, , 92 Stat. 3748
  5. 1981Pub. L. 97–35, title XII, §§ 1207(b), 1208, 1209(c), 1211(d), , 95 Stat. 718, 720, 721
  6. 2008Pub. L. 110–314, title II, § 209(a), , 122 Stat. 3046
  7. 2011Pub. L. 112–28, § 8, , 125 Stat. 282.
Show as published

(Pub. L. 92–573, § 27, , 86 Stat. 1227; Pub. L. 94–273, § 31, , 90 Stat. 380; Pub. L. 94–284, §§ 8(b), 11(c), (d), 14, , 90 Stat. 506–509; Pub. L. 95–631, § 11, , 92 Stat. 3748; Pub. L. 97–35, title XII, §§ 1207(b), 1208, 1209(c), 1211(d), , 95 Stat. 718, 720, 721; Pub. L. 110–314, title II, § 209(a), , 122 Stat. 3046; Pub. L. 112–28, § 8, , 125 Stat. 282.)

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