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 function of the Commis- sion; and such submission shall be made with- in 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 relat- ing to the execution of its duties; (4) in any proceeding or investigation to order testimony to be taken by deposition be- fore any person who is designated by the Com- mission 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 mile- age as are paid in like circumstances in the courts of the United States; (6) to accept gifts and voluntary and uncom- pensated services, notwithstanding the provi- sions 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 rep- resentative and in the name of the Commis- sion, any civil action if the Commission makes a written request to the Attorney General for representation in such civil ac- tion and the Attorney General does not within the 45-day period beginning on the date such request was made notify the Com- mission in writing that the Attorney Gen- eral will represent the Commission in such civil action, and (B) initiate, prosecute, or appeal, through its own legal representative, with the con- currence 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 Com- mission; (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 pow- ers, 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 con- tain a complete statement of the reason the Commission requires the report or answers spec- ified in the order to carry out a specific regu- latory or enforcement function of the Commis- sion. 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 con- tempt 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 tech- nical 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 nec- essary to carry out the purposes of this chapter. (f) Purchase of consumer products by Commis- sion For purposes of carrying out this chapter, the Commission may purchase any consumer prod- Page 1758 TITLE 15—COMMERCE AND TRADE § 2076 uct and it may require any manufacturer, dis- tributor, or retailer of a consumer product to sell the product to the Commission at manufac- turer’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 op- erate a facility or facilities suitable for re- search, 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 pro- cedures shall keep such records as the Commis- sion by rule shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assist- ance, 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 fa- cilitate an effective audit. (2) The Commission and the Comptroller Gen- eral of the United States, or their duly author- ized 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 en- tered 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 Con- gress a comprehensive report on the administra- tion of this chapter for the preceding fiscal year. Such report shall include— (1) a thorough appraisal, including statis- tical analyses, estimates, and long-term pro- jections, of the incidence of injury and effects to the population resulting from consumer products, with a breakdown, insofar as prac- ticable, among the various sources of such in- jury; (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 lo- cation and company name; (4) a summary of outstanding problems con- fronting the administration of this chapter in order of priority; (5) the number and a summary of recall or- ders issued under section 2061 or 2064 of this title during such year and a summary of vol- untary corrective actions taken by manufac- turers 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 Au- gust 14, 2008— (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 substan- tial product hazard under section 2064(c) of this title; and (C) the number and type of communication from consumers to the Commission with re- spect 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 ac- tivities; (8) a list, with a brief statement of the issues, of completed or pending judicial ac- tions under this chapter; (9) the extent to which technical informa- tion was disseminated to the scientific and commercial communities and consumer infor- mation was made available to the public; (10) the extent of cooperation between Com- mission officials and representatives of indus- try and other interested parties in the imple- mentation of this chapter, including a log or summary of meetings held between Commis- sion 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 Com- mission has participated in the development through monitoring or offering of assistance and with respect to voluntary consumer prod- uct 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 develop- ment of such standards; (E) the amount of resources of the Com- mission devoted to encouraging development of such standards; and (F) such other information as the Commis- sion 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 nec- essary to carry out the purposes of this chap- ter. (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 Page 1759 TITLE 15—COMMERCE AND TRADE § 2076 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 leg- islative recommendations, or testimony, or comments on legislation to the President or the Office of Management and Budget, it shall con- currently transmit a copy thereof to the Con- gress. No officer or agency of the United States shall have any authority to require the Commis- sion 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 sub- mission of such recommendations, testimony, or comments to the Congress. (Pub. L. 92–573, § 27, Oct. 27, 1972, 86 Stat. 1227; Pub. L. 94–273, § 31, Apr. 21, 1976, 90 Stat. 380; Pub. L. 94–284, §§ 8(b), 11(c), (d), 14, May 11, 1976, 90 Stat. 506–509; Pub. L. 95–631, § 11, Nov. 10, 1978, 92 Stat. 3748; Pub. L. 97–35, title XII, §§ 1207(b), 1208, 1209(c), 1211(d), Aug. 13, 1981, 95 Stat. 718, 720, 721; Pub. L. 110–314, title II, § 209(a), Aug. 14, 2008, 122 Stat. 3046; Pub. L. 112–28, § 8, Aug. 12, 2011, 125 Stat. 282.) 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), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. ‘‘Section 8141 of title 40’’ substituted in subsec. (b)(8) for ‘‘the Act of March 3, 1877 (40 U.S.C. 34)’’ on author- ity of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. AMENDMENTS 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), sub- stituted ‘‘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 regu- latory or enforcement function of the Commission’’ for ‘‘may prescribe’’ and in provision following par. (9) in- serted 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 enforce- ment 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 Rep- resentatives and the Senate of proposed consumer prod- uct 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 Nov. 10, 1978, and required a report be made to Congress recommending deletion of particular rules or parts of particular rules and initiation of par- ticular 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 ap- peal any civil action through its own legal representa- tive provided that the Commission make a written re- quest 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 re- gard to criminal action, permitted the Commission to initiate, prosecute, or appeal with its own legal rep- resentative, with the concurrence of the Attorney Gen- eral, 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 ‘‘(sub- ject to subsection (b)(7))’’ for ‘‘with the concurrence of the Attorney General’’. Subsec. (j). Pub. L. 94–273 substituted ‘‘at the begin- ning of each regular session of Congress’’ for ‘‘on or be- fore 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), Aug. 14, 2008, 122 Stat. 3047, provided that: ‘‘The amendments made by this section [amending this section] shall apply with re- spect to reports submitted for fiscal year 2009 and thereafter.’’ EFFECTIVE DATE OF 1981 AMENDMENT Amendment by section 1207(b) of Pub. L. 97–35 appli- cable with respect to consumer product safety rules under this chapter and regulations under chapters 25 and 30 of this title promulgated after Aug. 13, 1981, and amendment by sections 1208, 1209(c), and 1211(d) of Pub. L. 97–35 effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title. EFFECTIVE DATE Section effective on the sixtieth day following Oct. 27, 1972, 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), Aug. 14, 2008, 122 Stat. 3040, provided that: ‘‘Notwithstanding any rule, regula- tion, or order to the contrary, the [Consumer Product Safety] Commission shall comply with the require- ments of section 27(k) of the Consumer Product Safety Act (15 U.S.C. 2076(k)) with respect to budget rec- ommendations, legislative recommendations, testi- mony, and comments on legislation submitted by the Commission to the President or the Office of Manage- ment and Budget after the date of enactment of this Act [Aug. 14, 2008].’’ USER FEE STUDY Pub. L. 101–608, title I, § 119, Nov. 16, 1990, 104 Stat. 3122, directed Consumer Product Safety Commission to conduct a study of feasibility of requiring entities sub- ject to Consumer Product Safety Act (15 U.S.C. 2051 et Page 1760 TITLE 15—COMMERCE AND TRADE § 2076a seq.) to pay to Commission amounts to defray reason- able costs of particular services provided by Commis- sion to such entities, with Commission to complete study within one year of Nov. 16, 1990, and report re- sults of study to Congress. § 2076a. Report on civil penalties (1) Beginning 1 year after November 16, 1990, and every year thereafter, the Consumer Prod- uct Safety Commission shall submit to the Com- mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on En- ergy and Commerce of the House of Representa- tives the information specified in paragraph (2). Such information may be included in the annual report to the Congress submitted by the Com- mission. (2) The Commission shall submit information with respect to the imposition of civil penalties under the statutes which it administers. The in- formation shall include the number of civil pen- alties imposed, an identification of the viola- tions that led to the imposition of such pen- alties, and the amount of revenue recovered from the imposition of such penalties. (Pub. L. 101–608, title I, § 115(d), Nov. 16, 1990, 104 Stat. 3121.) Editorial Notes CODIFICATION Section was enacted as part of the Consumer Product Safety Improvement Act of 1990, and not as part of the Consumer Product Safety Act which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. § 2076b. Inspector General audits and reports (a) Improvements by the Commission The Inspector General of the Commission shall conduct reviews and audits to assess— (1) the Commission’s capital improvement efforts, including improvements and upgrades of the Commission’s information technology architecture and systems and the development of the database of publicly available informa- tion on incidents involving injury or death re- quired under section 2055a of this title, as added by section 212 of this Act; and (2) the adequacy of procedures for accred- iting conformity assessment bodies as author- ized by section 2063(a)(3) of this title, as amended by this Act, and overseeing the third party testing required by such section. (b) Employee complaints Within 1 year after August 14, 2008, the Inspec- tor General shall conduct a review of— (1) complaints received by the Inspector General from employees of the Commission about failures of other employees to enforce the rules or regulations of the Consumer Prod- uct Safety Act [15 U.S.C. 2051 et seq.] or any other Act enforced by the Commission or oth- erwise carry out their responsibilities under such Acts if such alleged failures raise issues of conflicts of interest, ethical violations, or the absence of good faith; and (2) actions taken by the Commission to ad- dress such failures and complaints, including an assessment of the timeliness and effective- ness of such actions. (c) Public Internet website links Not later than 30 days after August 14, 2008, the Commission shall establish and maintain— (1) a direct link on the homepage of its Internet website to the Internet webpage of the Commission’s Office of Inspector General; and (2) a mechanism on the webpage of the Com- mission’s Office of Inspector General by which individuals may anonymously report cases of waste, fraud, or abuse with respect to the Commission. (d) Reports (1) Activities and needs of Inspector General Not later than 60 days after August 14, 2008, the Inspector General of the Commission shall transmit a report to the appropriate Congres- sional committees on the activities of the In- spector General, any structural barriers which prevent the Inspector General from providing robust oversight of the activities of the Com- mission, and any additional authority or re- sources that would facilitate more effective oversight. (2) Reviews of improvements and employee complaints Beginning for fiscal year 2010, the Inspector General of the Commission shall include in an annual report to the appropriate Congres- sional committees the Inspector General’s findings, conclusions, and recommendations from the reviews and audits under subsections (a) and (b). (Pub. L. 110–314, title II, § 205, Aug. 14, 2008, 122 Stat. 3043.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 110–314, Aug. 14, 2008, 122 Stat. 3016, known as the Consumer Product Safety Improvement Act of 2008. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under section 2051 of this title and Tables. The Consumer Product Safety Act, referred to in sub- sec. (b)(1), is Pub. L. 92–573, Oct. 27, 1972, 86 Stat. 1207, which is classified generally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 2051 of this title and Tables. CODIFICATION 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.