15 U.S.C. § 2081 — Authorization of appropriations

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 Page 1767 TITLE 15—COMMERCE AND TRADE § 2082 accumulated or accrued leave, severance pay, and any other expenses related to a reduction in force in the Commission. 1978—Subsec. (a)(5) to (7). Pub. L. 95–631 added pars. (5) to (7). 1976—Subsec. (a). Pub. L. 94–284, § 2, substituted ‘‘$51,000,000 for the fiscal year ending June 30, 1976, $14,000,000 for the period beginning July 1, 1976, and end- ing September 30, 1976, $60,000,000 for the fiscal year ending September 30, 1977, and $68,000,000 for the fiscal year ending September 30, 1978’’ for ‘‘$55,000,000 for the fiscal year ending June 30, 1973, $59,000,000 for the fiscal year ending June 30, 1974, and $64,000,000 for the fiscal year ending June 30, 1975’’. Subsec. (c). Pub. L. 94–284, § 5(b), added subsec. (c). 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 Oct. 27, 1972, see section 34(1) of Pub. L. 92–573, set out as a note under section 2051 of this title. § 2082. Interim cellulose insulation safety stand- ard (a) Applicability of specification of General Serv- ices Administration; authority and effect of interim standard; modifications; criteria; la- beling requirements (1) Subject to the provisions of paragraph (2), on and after the last day of the 60-day period be- ginning on July 11, 1978, the requirements for flame resistance and corrosiveness set forth in the General Services Administration’s specifica- tion for cellulose insulation, HH–I–515C (as such specification was in effect on February 1, 1978), shall be deemed to be an interim consumer prod- uct safety standard which shall have all the au- thority and effect of any other consumer prod- uct safety standard promulgated by the Com- mission under this chapter. During the 45-day period beginning on July 11, 1978, the Commis- sion may make, and shall publish in the Federal Register, such technical, nonsubstantive changes in such requirements as it deems appro- priate to make such requirements suitable for promulgation as a consumer product safety standard. At the end of the 60-day period speci- fied in the first sentence of this paragraph, the Commission shall publish in the Federal Reg- ister such interim consumer product safety standard, as altered by the Commission under this paragraph. (2) The interim consumer product safety standard established in paragraph (1) shall pro- vide that any cellulose insulation which is pro- duced or distributed for sale or use as a con- sumer product shall have a flame spread rating of 0 to 25, as such rating is set forth in the Gen- eral Services Administration’s specification for cellulose insulation, HH–I–515C. (3) During the period for which the interim consumer product safety standard established in subsection (a) is in effect, in addition to com- plying with any labeling requirement estab- lished by the Commission under this chapter, each manufacturer or private labeler of cel- lulose insulation shall include the following statement on any container of such cellulose in- sulation: ‘‘ATTENTION: This material meets the applicable minimum Federal flammability standard. This standard is based upon labora- tory tests only, which do not represent actual conditions which may occur in the home’’. Such statement shall be located in a conspicuous place on such container and shall appear in con- spicuous and legible type in contrast by typog- raphy, layout, and color with other printed mat- ter on such container. (b) Scope of judicial review Judicial review of the interim consumer prod- uct safety standard established in subsection (a), as such standard is in effect on and after the last day of the 60-day period specified in such subsection, shall be limited solely to the issue of whether any changes made by the Commission under paragraph (1) are technical, nonsub- stantive changes. For purposes of such review, any change made by the Commission under paragraph (1) which requires that any test to de- termine the flame spread rating of cellulose in- sulation shall include a correction for variations in test results caused by equipment used in the test shall be considered a technical, nonsub- stantive change. (c) Enforcement; violations; promulgation of final standard; procedures applicable to pro- mulgation; revision of interim standard; pro- cedures applicable to revision (1)(A) Any interim consumer product safety standard established pursuant to this section shall be enforced in the same manner as any other consumer product safety standard until such time as there is in effect a final consumer product safety standard promulgated by the Commission, as provided in subparagraph (B), or until such time as it is revoked by the Commis- sion under section 2058(e) of this title. A viola- tion of the interim consumer product safety standard shall be deemed to be a violation of a consumer product safety standard promulgated by the Commission under section 2058 of this title. (B) If the Commission determines that the in- terim consumer product safety standard does not adequately protect the public from the un- reasonable risk of injury associated with flam- mable or corrosive cellulose insulation, it shall promulgate a final consumer product safety standard to protect against such risk. Such final standard shall be promulgated pursuant to sec- tion 553 of title 5, except that the Commission shall give interested persons an opportunity for the oral presentation of data, views, or argu- ments, in addition to an opportunity to make written submissions. A transcript shall be kept of any oral presentation. The provisions of sec- tion 2058(b), (c), and (d) of this title shall apply to any proceeding to promulgate such final standard. In any judicial review of such final standard under section 2060 of this title, the court shall not require any demonstration that each particular finding made by the Commission under section 2058(c) of this title is supported by substantial evidence. The court shall affirm the action of the Commission unless the court deter- mines that such action is not supported by sub- stantial evidence on the record taken as a whole.