15 U.S.C. § 2055 — Public disclosure of information

Page 1708 TITLE 15—COMMERCE AND TRADE § 2055 to protect the confidentiality of trade secret and con- fidential information, as defined in this section. ‘‘SEC. 7. As used in this Act, the terms ‘cigarettes’ and ‘little cigars’ have the meanings given such terms by section 3 of the Federal Cigarette Labeling and Ad- vertising Act [15 U.S.C. 1332].’’ § 2055. Public disclosure of information (a) Disclosure requirements for manufacturers or private labelers; procedures applicable (1) Nothing contained in this Act shall be con- strued to require the release of any information described by subsection (b) of section 552 of title 5 or which is otherwise protected by law from disclosure to the public. (2) All information reported to or otherwise obtained by the Commission or its representa- tive under this Act which information contains or relates to a trade secret or other matter re- ferred to in section 1905 of title 18 or subject to section 552(b)(4) of title 5 shall be considered confidential and shall not be disclosed. (3) The Commission shall, prior to the disclo- sure of any information which will permit the public to ascertain readily the identity of a manufacturer or private labeler of a consumer product, offer such manufacturer or private la- beler an opportunity to mark such information as confidential and therefore barred from disclo- sure under paragraph (2). A manufacturer or pri- vate labeler shall submit any such mark within 15 calendar days after the date on which it re- ceives the Commission’s offer. (4) All information that a manufacturer or pri- vate labeler has marked to be confidential and barred from disclosure under paragraph (2), ei- ther at the time of submission or pursuant to paragraph (3), shall not be disclosed, except in accordance with the procedures established in paragraphs (5) and (6). (5) If the Commission determines that a docu- ment marked as confidential by a manufacturer or private labeler to be barred from disclosure under paragraph (2) may be disclosed because it is not confidential information as provided in paragraph (2), the Commission shall notify such person in writing that the Commission intends to disclose such document at a date not less than 10 days after the date of receipt of notifica- tion. (6) Any person receiving such notification may, if he believes such disclosure is barred by paragraph (2), before the date set for release of the document, bring an action in the district court of the United States in the district in which the complainant resides, or has his prin- cipal place or business, or in which the docu- ments are located, or in the United States Dis- trict Court for the District of Columbia to re- strain disclosure of the document. Any person receiving such notification may file with the ap- propriate district court or court of appeals of the United States, as appropriate, an applica- tion for a stay of disclosure. The documents shall not be disclosed until the court has ruled on the application for a stay. (7) Nothing in this Act shall authorize the withholding of information by the Commission or any officer or employee under its control from the duly authorized committees or sub- committees of the Congress, and the provisions of paragraphs (2) through (6) shall not apply to such disclosures, except that the Commission shall immediately notify the manufacturer or private labeler of any such request for informa- tion designated as confidential by the manufac- turer or private labeler. (8) The provisions of paragraphs (2) through (6) shall not prohibit the disclosure of information to other officers, employees, or representatives of the Commission (including contractors) con- cerned with carrying out this Act or when rel- evant in any administrative proceeding under this Act or in judicial proceedings to which the Commission is a party. Any disclosure of rel- evant information— (A) in Commission administrative pro- ceedings or in judicial proceedings to which the Commission is a party, or (B) to representatives of the Commission (in- cluding contractors), shall be governed by the rules of the Commis- sion (including in camera review rules for con- fidential material) for such proceedings or for disclosures to such representatives or by court rules or orders, except that the rules of the Commission shall not be amended in a manner inconsistent with the purposes of this section. (b) Additional disclosure requirements for manu- facturers or private labelers; procedures ap- plicable (1) Except as provided by paragraph (4) of this subsection, not less than 15 days prior to its public disclosure of any information obtained under this Act, or to be disclosed to the public in connection therewith (unless the Commission publishes a finding that the public health and safety requires a lesser period of notice), the Commission shall, to the extent practicable, no- tify and provide a summary of the information to, each manufacturer or private labeler of any consumer product to which such information pertains, if the manner in which such consumer product is to be designated or described in such information will permit the public to ascertain readily the identity of such manufacturer or pri- vate labeler, and shall provide such manufac- turer or private labeler with a reasonable oppor- tunity to submit comments to the Commission in regard to such information. The Commission shall take reasonable steps to assure, prior to its public disclosure thereof, that information from which the identity of such manufacturer or pri- vate labeler may be readily ascertained is accu- rate, and that such disclosure is fair in the cir- cumstances and reasonably related to effec- tuating the purposes of this Act. In disclosing any information under this subsection, the Com- mission may, and upon the request of the manu- facturer or private labeler shall, include with the disclosure any comments or other informa- tion or a summary thereof submitted by such manufacturer or private labeler to the extent permitted by and subject to the requirements of this section. (2) If the Commission determines that a docu- ment claimed to be inaccurate by a manufac- turer or private labeler under paragraph (1) should be disclosed because the Commission be- lieves it has complied with paragraph (1), the Commission shall notify the manufacturer or Page 1709 TITLE 15—COMMERCE AND TRADE § 2055 private labeler that the Commission intends to disclose such document at a date not less than 5 days after the date of the receipt of notifica- tion. The Commission may provide a lesser pe- riod of notice of intent to disclose if the Com- mission publishes a finding that the public health and safety requires a lesser period of no- tice. (3)(A) Prior to the date set for release of the document, the manufacturer or private labeler receiving the notice described in paragraph (2) may bring an action in the district court of the United States in the district in which the com- plainant resides, or has his principal place of business, or in which the documents are located or in the United States District Court for the District of Columbia to enjoin disclosure of the document. The district court may enjoin such disclosure if the Commission has failed to take the reasonable steps prescribed in paragraph (1). (B) If the Commission determines that the public health and safety requires expedited con- sideration of an action brought under subpara- graph (A), the Commission may file a request with the District Court for such expedited con- sideration. If the Commission files such a re- quest, the District Court shall— (i) assign the matter for hearing at the ear- liest possible date; (ii) give precedence to the matter, to the greatest extent practicable, over all other matters pending on the docket of the court at the time; (iii) expedite consideration of the matter to the greatest extent practicable; and (iv) grant or deny the requested injunction within 30 days after the date on which the Commission’s request was filed with the court. (4) Paragraphs (1) through (3) of this sub- section shall not apply to the public disclosure of (A) information about any consumer product with respect to which product the Commission has filed an action under section 2061 of this title (relating to imminently hazardous prod- ucts), or which the Commission has reasonable cause to believe is in violation of any consumer product safety rule or provision of this Act or similar rule or provision of any other Act en- forced by the Commission; or (B) information in the course of or concerning a rulemaking pro- ceeding (which shall commence upon the publi- cation of an advance notice of proposed rule- making or a notice of proposed rulemaking), an adjudicatory proceeding (which shall commence upon the issuance of a complaint) or other ad- ministrative or judicial proceeding under this Act. (5) In addition to the requirements of para- graph (1), the Commission shall not disclose to the public information submitted pursuant to section 2064(b) of this title respecting a con- sumer product unless— (A) the Commission has issued a complaint under section 2064(c) or (d) of this title alleg- ing that such product presents a substantial product hazard; (B) in lieu of proceeding against such prod- uct under section 2064(c) or (d) of this title, the Commission has accepted in writing a reme- dial settlement agreement dealing with such product; (C) the person who submitted the informa- tion under section 2064(b) of this title agrees to its public disclosure; or (D) the Commission publishes a finding that the public health and safety requires public disclosure with a lesser period of notice than is required under paragraph (1). The provisions of this paragraph shall not apply to the public disclosure of information with re- spect to a consumer product which is the subject of an action brought under section 2061 of this title, or which the Commission has reasonable cause to believe is in violation of any consumer product safety rule or provision under this Act or similar rule or provision of any other Act en- forced by the Commission, or information in the course of or concerning a judicial proceeding. (6) Where the Commission initiates the public disclosure of information that reflects on the safety of a consumer product or class of con- sumer products, whether or not such informa- tion would enable the public to ascertain readily the identity of a manufacturer or private label- er, the Commission shall establish procedures designed to ensure that such information is ac- curate and not misleading. (7) If the Commission finds that, in the admin- istration of this Act, it has made public disclo- sure of inaccurate or misleading information which reflects adversely upon the safety of any consumer product or class of consumer products, or the practices of any manufacturer, private la- beler, distributor, or retailer of consumer prod- ucts, it shall, in a manner equivalent to that in which such disclosure was made, take reason- able steps to publish a retraction of such inac- curate or misleading information. (8) If, after the commencement of a rule- making or the initiation of an adjudicatory pro- ceeding, the Commission decides to terminate the proceeding before taking final action, the Commission shall, in a manner equivalent to that in which such commencement or initiation was publicized, take reasonable steps to make known the decision to terminate. (c) Communications with manufacturers The Commission shall communicate to each manufacturer of a consumer product, insofar as may be practicable, information as to any sig- nificant risk of injury associated with such product. (d) ‘‘Act’’ defined; coverage (1) For purposes of this section, the term ‘‘Act’’ means the Consumer Product Safety Act [15 U.S.C. 2051 et seq.], the Flammable Fabrics Act [15 U.S.C. 1191 et seq.], the Poison Preven- tion Packaging Act [15 U.S.C. 1471 et seq.], and the Federal Hazardous Substances Act [15 U.S.C. 1261 et seq.]. (2) The provisions of this section shall apply whenever information is to be disclosed by the Commission, any member of the Commission, or any employee, agent, or representative of the Commission in an official capacity. (e) Disclosure of information regarding civil ac- tions involving consumer product alleged to have caused death or injury (1) Notwithstanding the provisions of section 552 of title 5, subsection (a)(7) of this section, or Page 1710 TITLE 15—COMMERCE AND TRADE § 2055 of any other law, except as provided in para- graphs (2), (3), and (4), no member of the Com- mission, no officer or employee of the Commis- sion, and no officer or employee of the Depart- ment of Justice may— (A) publicly disclose information furnished under subsection (c)(1) or (c)(2)(A) of section 2084 of this title; (B) use such information for any purpose other than to carry out the Commission’s re- sponsibilities; or (C) permit anyone (other than the members, officers, and employees of the Commission or officers or employees of the Department of Justice who require such information for an action filed on behalf of the Commission) to examine such information. (2) Any report furnished under subsection (c)(1) or (c)(2)(A) of section 2084 of this title shall be immune from legal process and shall not be subject to subpoena or other discovery in any civil action in a State or Federal court or in any administrative proceeding, except in an action against such manufacturer under section 2069, 2070, or 2071 of this title for failure to furnish in- formation required by section 2084 of this title. (3) The Commission may, upon written re- quest, furnish to any manufacturer or to the au- thorized agent of such manufacturer authenti- cated copies of reports furnished by or on behalf of such manufacturer in accordance with section 2084 of this title, upon payment of the actual or estimated cost of searching the records and fur- nishing such copies. (4) Upon written request of the Chairman or Ranking Minority Member of either of the ap- propriate Congressional committees or any sub- committee thereof, the Commission shall pro- vide to the Chairman or Ranking Minority Member any information furnished to the Com- mission under section 2084 of this title for pur- poses that are related to the jurisdiction of such committee or subcommittee. (5) Any officer or employee of the Commission or other officer or employee of the Federal Gov- ernment who receives information provided under section 2084 of this title, who willfully violates the requirements of this subsection shall be subject to dismissal or other appro- priate disciplinary action consistent with proce- dures and requirements established by the Office of Personnel Management. (Pub. L. 92–573, § 6, Oct. 27, 1972, 86 Stat. 1212; Pub. L. 97–35, title XII, § 1204, Aug. 13, 1981, 95 Stat. 713; Pub. L. 97–414, § 9(j)(1), Jan. 4, 1983, 96 Stat. 2064; Pub. L. 101–608, title I, §§ 106, 112(c), Nov. 16, 1990, 104 Stat. 3111, 3116; Pub. L. 110–314, title II, §§ 211, 235(c)(2), Aug. 14, 2008, 122 Stat. 3047, 3074.) Editorial Notes REFERENCES IN TEXT The Consumer Product Safety Act, referred to in sub- sec. (d)(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. The Flammable Fabrics Act, referred to in subsec. (d)(1), is act June 30, 1953, ch. 164, 67 Stat. 111, which is classified generally to chapter 25 (§ 1191 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1191 of this title and Tables. The Poison Prevention Packaging Act, referred to in subsec. (d)(1), probably means the Poison Prevention Packaging Act of 1970, Pub. L. 91–601, Dec. 30, 1970, 84 Stat. 1670, which is classified principally to chapter 39A (§ 1471 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1471 of this title and Tables. The Federal Hazardous Substances Act, referred to in subsec. (d)(1), is Pub. L. 86–613, July 12, 1960, 74 Stat. 372, which is classified generally to chapter 30 (§ 1261 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1261 of this title and Tables. AMENDMENTS 2008—Subsec. (a)(3). Pub. L. 110–314, § 211(1), inserted ‘‘A manufacturer or private labeler shall submit any such mark within 15 calendar days after the date on which it receives the Commission’s offer.’’ after ‘‘para- graph (2).’’ Subsec. (b)(1). Pub. L. 110–314, § 211(2)–(4), substituted ‘‘15 days’’ for ‘‘30 days’’, ‘‘publishes a finding that the public’’ for ‘‘finds that the public’’, and ‘‘notice),’’ for ‘‘notice and publishes such a finding in the Federal Register),’’. Subsec. (b)(2). Pub. L. 110–314, § 211(5)–(7), substituted ‘‘5 days’’ for ‘‘10 days’’, ‘‘publishes a finding that the public’’ for ‘‘finds that the public’’, and ‘‘notice.’’ for ‘‘notice and publishes such finding in the Federal Reg- ister.’’ Subsec. (b)(3). Pub. L. 110–314, § 211(8), designated ex- isting provisions as subpar. (A) and added subpar. (B). Subsec. (b)(4). Pub. L. 110–314, § 211(9), which directed substitution of ‘‘any consumer product safety rule or provision of this Act or similar rule or provision of any other Act enforced by the Commission;’’ for ‘‘section 2068 of this title (related to prohibited acts);’’, was exe- cuted by making the substitution for ‘‘section 2068 of this title (relating to prohibited acts);’’ to reflect the probable intent of Congress. Subsec. (b)(5). Pub. L. 110–314, § 211(10)–(13), added sub- par. (D) and substituted ‘‘any consumer product safety rule or provision under this Act or similar rule or pro- vision of any other Act enforced by the Commission,’’ for ‘‘section 2068(a) of this title,’’ in concluding provi- sions. Subsec. (e)(4). Pub. L. 110–314, § 235(c)(2), substituted ‘‘either of the appropriate Congressional committees or any subcommittee thereof,’’ for ‘‘the Committee on Commerce, Science, and Transportation of the Senate or the Committee on Energy and Commerce of the House of Representatives or any subcommittee of such committee,’’. 1990—Subsec. (a)(8). Pub. L. 101–608, § 106, amended par. (8) generally. Prior to amendment, par. (8) read as follows: ‘‘The provisions of paragraphs (2) through (6) shall not prohibit the disclosure of information to other officers or employees concerned with carrying out this Act or when relevant in any administrative proceeding under this Act, or in judicial proceedings to which the Commission is a party. Any disclosure of rel- evant information in Commission administrative pro- ceedings, or in judicial proceedings to which the Com- mission is a party, shall be governed by the rules of the Commission (including in camera review rules for con- fidential material) for such proceedings or by court rules or orders, except that the rules of the Commission shall not be amended in a manner inconsistent with the purposes of this section.’’ Subsec. (e). Pub. L. 101–608, § 112(c), added subsec. (e). 1983—Subsec. (b)(1). Pub. L. 97–414 substituted ‘‘para- graph (4)’’ for ‘‘paragraph (2)’’. 1981—Subsec. (a)(1). Pub. L. 97–35 amended par. (1) generally, substituting ‘‘shall be construed’’ for ‘‘shall be deemed’’. Subsec. (a)(2). Pub. L. 97–35 amended par. (2) gen- erally, substituting ‘‘title 18, or subject to section Page 1711 TITLE 15—COMMERCE AND TRADE § 2055a 552(b)(4) of title 5, shall be considered confidential and shall not be disclosed’’ for ‘‘title 18 shall be considered confidential and shall not be disclosed, except that such information may be disclosed to other officers or employees concerned with carrying out this chapter or when relevant in any proceeding under this chapter. Nothing in this chapter shall authorize the withholding of information by the Commission or any officer or em- ployee under its control from the duly authorized com- mittees of the Congress’’. Subsec. (a)(3) to (8). Pub. L. 97–35 added pars. (3) to (8). Subsec. (b)(1). Pub. L. 97–35 amended par. (1) gen- erally, substituting ‘‘notice and publishes such a find- ing in the Federal Register),’’ for ‘‘notice),’’, and ‘‘In disclosing any information under this subsection, the Commission may, and upon the request of the manufac- turer or private labeler shall, include with the disclo- sure any comments or other information or a summary thereof submitted by such manufacturer or private la- beler to the extent permitted by and subject to the re- quirements of this section’’ for ‘‘If the Commission finds that, in the administration of this chapter, it has made public disclosure of inaccurate or misleading in- formation which reflects adversely upon the safety of any consumer product, or the practices of any manu- facturer, private labeler, distributor, or retailer of con- sumer products, it shall, in a manner similar to that in which such disclosure was made, publish a retraction of such inaccurate or misleading information’’. Subsec. (b)(2) to (4). Pub. L. 97–35 added pars. (2) and (3), redesignated former par. (2) as (4) and substituted ‘‘Paragraphs (1) through (3) of this subsection’’ for ‘‘Paragraph (1) (except for the last sentence thereof)’’ and ‘‘a rulemaking proceeding (which shall commence upon the publication of an advance notice of proposed rulemaking or a notice of proposed rulemaking), an ad- judicatory proceeding (which shall commence upon the issuance of a complaint) or other administrative or ju- dicial proceeding under this chapter’’ for ‘‘any adminis- trative or judicial proceeding under this chapter’’. Subsec. (b)(5) to (8). Pub. L. 97–35 added pars. (5) to (8). Subsecs. (c), (d). Pub. L. 97–35 reenacted subsec. (c) without change and added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by 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. CONFIDENTIALITY PROTECTIONS FOR INFORMATION REPORTED ON INCIDENTS OF CHILDREN CHOKING For purposes of subsection (b)(5) of this section, infor- mation reported to Consumer Product Safety Commis- sion on incidents of children choking on a marble, small ball, latex balloon, or other small part contained in a toy or game, to be treated as information sub- mitted pursuant to section 2064(b) of this title, see sec- tion 102 of Pub. L. 103–267, set out as a Reporting Re- quirements note under section 2064 of this title. § 2055a. Publicly available consumer product safety information database (a) Database required (1) In general Subject to the availability of appropriations, the Commission shall, in accordance with the requirements of this section, establish and maintain a database on the safety of consumer products, and other products or substances regulated by the Commission, that is— (A) publicly available; (B) searchable; and (C) accessible through the Internet website of the Commission. (2) Submission of detailed implementation plan to Congress Not later than 180 days after August 14, 2008, the Commission shall transmit to the appro- priate Congressional committees a detailed plan for establishing and maintaining the database required by paragraph (1), including plans for the operation, content, maintenance, and functionality of the database. The plan shall detail the integration of the database into the Commission’s overall information technology improvement objectives and plans. The plan submitted under this subsection shall include a detailed implementation sched- ule for the database, and plans for a public awareness campaign to be conducted by the Commission to increase consumer awareness of the database. (3) Date of initial availability Not later than 18 months after the date on which the Commission submits the plan re- quired by paragraph (2), the Commission shall establish the database required by paragraph (1). (b) Content and organization (1) Contents Except as provided in subsection (c)(4), the database shall include the following: (A) Reports of harm relating to the use of consumer products, and other products or substances regulated by the Commission, that are received by the Commission from— (i) consumers; (ii) local, State, or Federal government agencies; (iii) health care professionals; (iv) child service providers; and (v) public safety entities. (B) Information derived by the Commis- sion from notice under section 2064(c) of this title or any notice to the public relating to a voluntary corrective action taken by a manufacturer, in consultation with the Commission, of which action the Commis- sion has notified the public. (C) The comments received by the Com- mission under subsection (c)(2)(A) to the ex- tent requested under subsection (c)(2)(B). (2) Submission of information In implementing the database, the Commis- sion shall establish the following: (A) Electronic, telephonic, and paper-based means of submitting, for inclusion in the database, reports described in paragraph (1)(A) of this subsection. (B) A requirement that any report de- scribed in paragraph (1)(A) submitted for in- clusion in such database include, at a min- imum— (i) a description of the consumer product (or other product or substance regulated by the Commission) concerned;