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15 U.S.C. § 2076 — Additional functions of Consumer Product Safety Commission

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2076 — Additional functions of Consumer Product Safety Commission

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Stable record: federal_law:legal_authorities:record_usc_ea5a9b21e39dc9f79b432af8
Source file: Laws/federal/codes/united-states-code/title-15/section-2076-additional-functions-of-consumer-product-safety-commission--6165eb4e5a.md
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Source location: Title 15, Chapter 47, § 2076; chapter-047-consumer-product-safety.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section8141&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1113&num=0&edition=prelim) 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 August 14, 2008— (A) progress reports and incident updates with respect to action plans implemented under [section 2064(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2064/d&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2064/c&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2064/d&num=0&edition=prelim); (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.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1113 — Congressional information

**(a)** (1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information. (2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee. **(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall— (1) provide information on the location and kind of available fiscal, budget, and program information; (2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and (3) provide a program evaluation carried out or commissioned by an executive agency. **(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall— (1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system; (2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and (3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1113

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1342 — Limitation on voluntary services

An officer or employee of the United States Government or of the District of Columbia government may not accept voluntary services for either government or employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property. This section does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. As used in this section, the term “emergencies involving the safety of human life or the protection of property” does not include ongoing, regular functions of government the suspension of which would not imminently threaten the safety of human life or the protection of property.

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1342

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2051 — Congressional findings and declaration of purpose

**(a)** The Congress finds that— (1) an unacceptable number of consumer products which present unreasonable risks of injury are distributed in commerce; (2) complexities of consumer products and the diverse nature and abilities of consumers using them frequently result in an inability of users to anticipate risks and to safeguard themselves adequately; (3) the public should be protected against unreasonable risks of injury associated with consumer products; (4) control by State and local governments of unreasonable risks of injury associated with consumer products is inadequate and may be burdensome to manufacturers; (5) existing Federal authority to protect consumers from exposure to consumer products presenting unreasonable risks of injury is inadequate; and (6) regulation of consumer products the distribution or use of which affects interstate or foreign commerce is necessary to carry out this chapter. **(b)** The purposes of this chapter are— (1) to protect the public against unreasonable risks of injury associated with consumer products; (2) to assist consumers in evaluating the comparative safety of consumer products; (3) to develop uniform safety standards for consumer products and to minimize conflicting State and local regulations; and (4) to promote research and investigation into the causes and prevention of product-related deaths, illnesses, and injuries.

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2051

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 8141 — Contract to rent buildings in the District of Columbia not to be made until appropriation enacted

A contract shall not be made for the rent of a building, or part of a building, to be used for the purposes of the Federal Government in the District of Columbia until Congress enacts an appropriation for the rent. This section is deemed to be notice to all contractors or lessors of the building or a part of the building.

Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 8141

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2052 — Definitions

**(a) In general** In this chapter: (1) **Appropriate Congressional committees** — 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. (2) **Children’s product** — 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. (3) **Commerce** — 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). (4) **Commission** — The term “Commission” means the Consumer Product Safety Commission, established by [section 2053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2053&num=0&edition=prelim). (5) **Consumer product** — The term “consumer product” means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2052

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2076 — Additional functions of Consumer Product

Page 1757 TITLE 15—COMMERCE AND TRADE § 2076 PREEMPTION The provisions of this section establishing the extent to which the Consumer Product Safety Act [15 U.S.C. 2051 et seq.] preempts, limits, or otherwise affects any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law not to be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation under the Consumer Product Safety Act, or by reference in any preamble, statement of pol- icy, executive branch statements, or other matter asso- ciated with the publication of any such rule or regula- tion, see section 231 of Pub. L. 110–314, set out as a note under section 2051 of this title. § 2076. Additional functions of Consumer Product Safety Commission (a) Authority to conduct hearings or other in- quiries 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 any- where in the United States. A Commissioner who participates in such a hearing or other in- quiry shall not be disqualified solely by reason of such participation from subsequently partici- pating in a decision of the Commission in the same manner. The Commission shall publish no- tice of any proposed hearing in the Federal Reg- ister and shall afford a reasonable opportunity for interested persons to present relevant testi- mony 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 regu- latory or enforcement

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2076

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1113 — Congressional information

Page 140 TITLE 31—MONEY AND FINANCE § 1113 (1) in cooperation with the Secretary, the Director of the Office of Management and Budget, and the Director of the Congressional Budget Office, shall establish, maintain, and publish standard terms and classifications for fiscal, budget, and program information of the Government, including information on fiscal policy, receipts, expenditures, programs, projects, activities, and functions; (2) when advisable, shall report to Congress on those terms and classifications, and rec- ommend legislation necessary to promote the establishment, maintenance, and use of stand- ard terms and classifications by the executive branch of the Government; and (3) in carrying out this subsection, shall give particular consideration to the needs of the Committees on Appropriations and on the Budget of both Houses of Congress, the Com- mittee on Ways and Means of the House, the Committee on Finance of the Senate, and the Congressional Budget Office. (d) Agencies shall use the standard terms and classifications published under subsection (c)(1) of this section in providing fiscal, budget, and program information to Congress. (e) In consultation with the President, the head of each executive agency shall take ac- tions necessary to achieve to the extent pos- sible— (1) consistency in budget and accounting classifications; (2) synchronization between those classifica- tions and organizational structure; and (3) information by organizational unit on performance and program costs to support budget justifications. (f) In cooperation with the Director of the Congressional Budget Office, the Comptroller General, and appropriate representatives of State and local governments, the Director of the Office of Management and Bu

Source: Supplied 2024 U.S. Code historical extraction · 31 U.S.C. § 1113

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