15 U.S.C. § 2080 — Limitations on jurisdiction of Consumer

Page 1765 TITLE 15—COMMERCE AND TRADE § 2080 1 See References in Text note below. of 1970, or the Flammable Fabrics Act may be regulated under this chapter only if the Commission by rule finds that it is in the public interest to regulate such risk of injury under this chapter. Such a rule shall identify the risk of injury proposed to be regulated under this chap- ter and shall be promulgated in accordance with sec- tion 553 of title 5; except that the period to be provided by the Commission pursuant to subsection (c) of such section for the submission of data, views, and argu- ments respecting the rule shall not exceed thirty days from the date of publication pursuant to subsection (b) of such section of a notice respecting the rule.’’ 1988—Subsec. (e)(1)(A). Pub. L. 100–418 substituted ‘‘National Institute of Standards and Technology’’ for ‘‘National Bureau of Standards’’. 1976—Subsec. (a). Pub. L. 94–284, § 3(f), struck out ‘‘of the Administrator of the Environmental Protection Agency and’’ before ‘‘of the Secretary of Health, Edu- cation, and Welfare’’ and substituted ‘‘Federal Food, Drug, and Cosmetic Act’’ for ‘‘Acts amended by sub- sections (b) through (f) of section 7 of the Poison Pre- vention Act of 1970’’. Subsec. (d). Pub. L. 94–284, § 16, inserted requirement that the Commission find by a rule, promulgated in ac- cordance with section 553 of title 5, that it is within the public interest to regulate a risk of injury under this chapter which could be eliminated or reduced by action under the enumerated acts. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the later of 150 days after Oct. 27, 1972, or the date on which at least three members of the Commission first take office, see section 34(2) of Pub. L. 92–573, set out as a note under section 2051 of this title. § 2080. Limitations on jurisdiction of Consumer Product Safety Commission (a) Authority to regulate The Commission shall have no authority under this chapter to regulate any risk of injury asso- ciated with a consumer product if such risk could be eliminated or reduced to a sufficient extent by actions taken under the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.]; the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.]; or the Clean Air Act [42 U.S.C. 7401 et seq.]. The Commission shall have no author- ity under this chapter to regulate any risk of in- jury associated with electronic product radi- ation emitted from an electronic product (as such terms are defined by sections 355(1) and (2) 1 of the Public Health Service Act) if such risk of injury may be subjected to regulation under subpart 3 1 of part F of title III of the Public Health Service Act. (b) Certain notices of proposed rulemaking; du- ties of Chronic Hazard Advisory Panel (1) The Commission may not issue— (A) an advance notice of proposed rule- making for a consumer product safety rule, (B) a notice of proposed rulemaking for a rule under section 2076(e) of this title, or (C) an advance notice of proposed rule- making for regulations under section 1261(q)(1) of this title, relating to a risk of cancer, birth defects, or gene mutations from a consumer product unless a Chronic Hazard Advisory Panel, established under section 2077 of this title, has, in accord- ance with paragraph (2), submitted a report to the Commission with respect to whether a sub- stance contained in such product is a car- cinogen, mutagen, or teratogen. (2)(A) Before the Commission issues an ad- vance notice of proposed rulemaking for— (i) a consumer product safety rule, (ii) a rule under section 2076(e) of this title, or (iii) a regulation under section 1261(q)(1) of this title, relating to a risk of cancer, birth defects, or gene mutations from a consumer product, the Commission shall request the Panel to review the scientific data and other relevant informa- tion relating to such risk to determine if any substance in the product is a carcinogen, mutagen, or a teratogen and to report its deter- mination to the Commission. (B) When the Commission appoints a Panel, the Panel shall convene within 30 days after the date the final appointment is made to the Panel. The Panel shall report its determination to the Commission not later than 120 days after the date the Panel is convened or, if the Panel re- quests additional time, within a time period specified by the Commission. If the determina- tion reported to the Commission states that a substance in a product is a carcinogen, mutagen, or a teratogen, the Panel shall include in its re- port an estimate, if such an estimate is feasible, of the probable harm to human health that will result from exposure to the substance. (C) A Panel appointed under section 2077 of this title shall terminate when it has submitted its report unless the Commission extends the ex- istence of the Panel. (D) Chapter 10 of title 5 shall not apply with respect to any Panel established under this sec- tion. (c) Panel report; incorporation into advance no- tice and final rule Each Panel’s report shall contain a complete statement of the basis for the Panel’s deter- mination. The Commission shall consider the re- port of the Panel and incorporate such report into the advance notice of proposed rulemaking and final rule. (Pub. L. 92–573, § 31, Oct. 27, 1972, 86 Stat. 1232; Pub. L. 97–35, title XII, § 1206(b), Aug. 13, 1981, 95 Stat. 717; Pub. L. 97–414, § 9(j)(5), Jan. 4, 1983, 96 Stat. 2064; Pub. L. 117–286, § 4(a)(67), Dec. 27, 2022, 136 Stat. 4313.) Editorial Notes REFERENCES IN TEXT The Occupational Safety and Health Act of 1970, re- ferred to in subsec. (a), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classi- fication of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables. The Atomic Energy Act of 1954, referred to in subsec. (b), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified prin- cipally to chapter 23 (§ 2011 et seq.) of Title 42, The Pub- lic Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables. Page 1766 TITLE 15—COMMERCE AND TRADE § 2081 The Clean Air Act, referred to in subsec. (a), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables. The Public Health Service Act, referred to in subsec. (a), is act July 1, 1944, ch. 373, 58 Stat. 682. Subpart 3 of part F of title III of the Public Health Service Act, which was classified to subpart 3 (§ 263b et seq.) of part F of subchapter II of chapter 6A of Title 42, was redesig- nated as subchapter C of chapter V of act June 25, 1938, ch. 675, the Federal Food, Drug, and Cosmetic Act, by Pub. L. 101–629, § 19(a)(4), Nov. 28, 1990, 104 Stat. 4530, and was transferred to part C (21 U.S.C. 360hh et seq.) of subchapter V of chapter 9 of Title 21, Food and Drugs. Section 355 of the Public Health Service Act, which was classified to section 263c of Title 42, was re- numbered as section 531 of act June 25, 1938, ch. 675, by Pub. L. 101–629, § 19(a)(3), (4), 104 Stat. 4530, and trans- ferred to section 360hh of Title 21. For complete classi- fication of the Public Health Service Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables. AMENDMENTS 2022—Subsec. (b)(2)(D). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Com- mittee Act’’. 1983—Subsec. (b)(1). Pub. L. 97–414 struck out intro- ductory text ‘‘an advance notice of proposed rule- making for’’ after ‘‘issue’’, inserted in subpar. (A) ‘‘an advance notice of proposed rulemaking for’’ before ‘‘a consumer’’ and in subpar. (B) ‘‘a notice of proposed rulemaking for’’ before ‘‘a rule’’, and substituted in subpar. (C) ‘‘an advance notice of proposed rulemaking for regulations’’ for ‘‘a regulation’’. 1981—Pub. L. 97–35 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title. 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. MANUFACTURE OR SALE OF FIREARMS OR FIREARMS AMMUNITION Pub. L. 94–284, § 3(e), May 11, 1976, 90 Stat. 504, pro- vided that: ‘‘The Consumer Product Safety Commission shall make no ruling or order that restricts the manu- facture or sale of firearms, firearms ammunition, or components of firearms ammunition, including black powder or gunpowder for firearms.’’ § 2081. Authorization of appropriations (a) General authorization of appropriations (1) In general There are authorized to be appropriated to the Commission for the purpose of carrying out the provisions of this chapter and any other provision of law the Commission is au- thorized or directed to carry out— (A) $118,200,000 for fiscal year 2010; (B) $115,640,000 for fiscal year 2011; (C) $123,994,000 for fiscal year 2012; (D) $131,783,000 for fiscal year 2013; and (E) $136,409,000 for fiscal year 2014. (2) Travel allowance From amounts appropriated pursuant to paragraph (1), there shall be made available $1,200,000 for fiscal year 2010, $1,248,000 for fis- cal year 2011, $1,297,000 for fiscal year 2012, $1,350,000 for fiscal year 2013, and $1,403,000 for fiscal year 2014, for travel, subsistence, and re- lated expenses incurred in furtherance of the official duties of Commissioners and employ- ees with respect to attendance at meetings or similar functions, which shall be used by the Commission for such purposes in lieu of ac- ceptance of payment or reimbursement for such expenses from any person— (A) seeking official action from, doing business with, or conducting activities regu- lated by, the Commission; or (B) whose interests may be substantially affected by the performance or nonperform- ance of the Commissioner’s or employee’s of- ficial duties. (b) Limitation No funds appropriated under subsection (a) may be used to pay any claim described in sec- tion 2053(i) of this title whether pursuant to a judgment of a court or under any award, com- promise, or settlement of such claim made under section 2672 of title 28, or under any other provision of law. (Pub. L. 92–573, § 32, Oct. 27, 1972, 86 Stat. 1233; Pub. L. 94–284, §§ 2, 5(b), May 11, 1976, 90 Stat. 503, 505; Pub. L. 95–631, § 1, Nov. 10, 1978, 92 Stat. 3742; Pub. L. 97–35, title XII, § 1214, Aug. 13, 1981, 95 Stat. 724; Pub. L. 101–608, title I, § 117, Nov. 16, 1990, 104 Stat. 3121; Pub. L. 103–437, § 5(c)(1), Nov. 2, 1994, 108 Stat. 4582; Pub. L. 110–314, title II, §§ 201(a), (c), 235(c)(4), Aug. 14, 2008, 122 Stat. 3038, 3039, 3075.) Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–314, § 201(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) authorized appropriations for fiscal years 1991 and 1992. Subsec. (b). Pub. L. 110–314, § 201(c), redesignated sub- sec. (c) as (b), inserted heading, and struck out former subsec. (b), which related to authorization of appropria- tions for the planning and construction of research, de- velopment and testing facilities described in section 2076(h) of this title. Subsec. (b)(1). Pub. L. 110–314, § 235(c)(4), which di- rected substitution of ‘‘the appropriate Congressional committees.’’ for ‘‘the Committee on Energy and Com- merce of the House of Representatives, and by the Com- mittee on Commerce, Science, and Transportation of the Senate.’’, could not be executed because of the re- peal of subsec. (b) by Pub. L. 110–314, § 201(c). See above. Subsec. (c). Pub. L. 110–314, § 201(c), redesignated sub- sec. (c) as (b). 1994—Subsec. (b)(1). Pub. L. 103–437 in introductory provisions substituted ‘‘Committee on Energy and Commerce of the House of Representatives, and by the Committee on Commerce, Science, and Transportation of the Senate’’ for ‘‘Committee on Interstate and For- eign Commerce of the House of Representatives, and by the Committee on Commerce of the Senate’’. 1990—Subsec. (a). Pub. L. 101–608 added pars. (1) and (2) and struck out former pars. (1) to (9) which specified maximum appropriations authorized for fiscal year ending June 30, 1976, to fiscal year ending Sept. 30, 1983. 1981—Subsec. (a). Pub. L. 97–35 added pars. (8) and (9) and provision following par. (9) relating to payment of