§ 2055. — Public disclosure of information.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2055]
TITLE 15--COMMERCE AND TRADE
CHAPTER 47--CONSUMER PRODUCT SAFETY
Sec. 2055. Public disclosure of information
(a) Disclosure requirements for manufacturers or private labelers;
procedures applicable
(1) Nothing contained in this Act shall be construed 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 representative under this Act which information
contains or relates to a trade secret or other matter referred 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 disclosure 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 labeler an opportunity to mark such information
as confidential and therefore barred from disclosure under paragraph
(2).
(4) All information that a manufacturer or private labeler has
marked to be confidential and barred from disclosure under paragraph
(2), either 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 document 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 notification.
(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
principal place or business, or in which the documents are located, or
in the United States District Court for the District of Columbia to
restrain disclosure of the document. Any person receiving such
notification may file with the appropriate district court or court of
appeals of the United States, as appropriate, an application 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 subcommittees 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
information designated as confidential by the manufacturer 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) 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 relevant information--
(A) in Commission administrative proceedings or in judicial
proceedings to which the Commission is a party, or
(B) to representatives of the Commission (including
contractors),
shall be governed by the rules of the Commission (including in camera
review rules for confidential 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 manufacturers or private
labelers; procedures applicable
(1) Except as provided by paragraph (4) of this subsection, not less
than 30 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 finds that the public health and safety requires
a lesser period of notice and publishes such a finding in the Federal
Register), the Commission shall, to the extent practicable, notify 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 private labeler, and shall
provide such manufacturer or private labeler with a reasonable
opportunity 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 private labeler may be readily
ascertained is accurate, and that such disclosure is fair in the
circumstances and reasonably related to effectuating the purposes of
this Act. In disclosing any information under this subsection, the
Commission may, and upon the request of the manufacturer or private
labeler shall, include with the disclosure any comments or other
information 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 document claimed to be
inaccurate by a manufacturer or private labeler under paragraph (1)
should be disclosed because the Commission believes it has complied with
paragraph (1), the Commission shall notify the manufacturer or private
labeler that the Commission intends to disclose such document at a date
not less than 10 days after the date of the receipt of notification. The
Commission may provide a lesser period of notice of intent to disclose
if the Commission finds that the public health and safety requires a
lesser period of notice and publishes such finding in the Federal
Register.
(3) 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 complainant 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).
(4) Paragraphs (1) through (3) of this subsection 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 products),
or which the Commission has reasonable cause to believe is in violation
of section 2068 of this title (relating to prohibited acts); or (B)
information in the course of or concerning a rulemaking proceeding
(which shall commence upon the publication of an advance notice of
proposed rulemaking or a notice of proposed rulemaking), an adjudicatory
proceeding (which shall commence upon the issuance of a complaint) or
other administrative or judicial proceeding under this Act.
(5) In addition to the requirements of paragraph (1), the Commission
shall not disclose to the public information submitted pursuant to
section 2064(b) of this title respecting a consumer product unless--
(A) the Commission has issued a complaint under section 2064(c)
or (d) of this title alleging that such product presents a
substantial product hazard;
(B) in lieu of proceeding against such product under section
2064(c) or (d) of this title, the Commission has accepted in writing
a remedial settlement agreement dealing with such product; or
(C) the person who submitted the information under section
2064(b) of this title agrees to its public disclosure.
The provisions of this paragraph shall not apply to the public
disclosure of information with respect 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
section 2068(a) of this title, 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 consumer products, whether or not such information would enable the
public to ascertain readily the identity of a manufacturer or private
labeler, the Commission shall establish procedures designed to ensure
that such information is accurate and not misleading.
(7) If the Commission finds that, in the administration of this Act,
it has made public disclosure 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 labeler, distributor, or retailer of consumer products, it
shall, in a manner equivalent to that in which such disclosure was made,
take reasonable steps to publish a retraction of such inaccurate or
misleading information.
(8) If, after the commencement of a rulemaking or the initiation of
an adjudicatory proceeding, 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
significant 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 Prevention 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 actions 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 of any other law, except as
provided in paragraphs (2), (3), and (4), no member of the Commission,
no officer or employee of the Commission, and no officer or employee of
the Department 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 responsibilities; 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 information required by section 2084
of this title.
(3) The Commission may, upon written request, furnish to any
manufacturer or to the authorized agent of such manufacturer
authenticated 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 furnishing
such copies.
(4) Upon written request of the Chairman or Ranking Minority Member
of 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, the Commission shall provide to
the Chairman or Ranking Minority Member any information furnished to the
Commission under section 2084 of this title for purposes 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 Government 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
appropriate disciplinary action consistent with procedures and
requirements established by the Office of Personnel Management.
(Pub. L. 92-573, Sec. 6, Oct. 27, 1972, 86 Stat. 1212; Pub. L. 97-35,
title XII, Sec. 1204, Aug. 13, 1981, 95 Stat. 713; Pub. L. 97-414,
Sec. 9(j)(1), Jan. 4, 1983, 96 Stat. 2064; Pub. L. 101-608, title I,
Secs. 106, 112(c), Nov. 16, 1990, 104 Stat. 3111, 3116.)
References in Text
The Consumer Product Safety Act, referred to in subsec. (d)(1), is
Pub. L. 92-573, Oct. 27, 1972, 86 Stat. 1207, as amended, which is
classified generally to this chapter. For complete 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, as amended, which is classified
generally to chapter 25 (Sec. 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, as amended, which is classified
generally to chapter 39A (Sec. 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, as amended, which is
classified generally to chapter 30 (Sec. 1261 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1261 of this title and Tables.
Amendments
1990--Subsec. (a)(8). Pub. L. 101-608, Sec. 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 relevant information in Commission
administrative proceedings, or in judicial proceedings to which the
Commission is a party, shall be governed by the rules of the Commission
(including in camera review rules for confidential 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, Sec. 112(c), added subsec. (e).
1983--Subsec. (b)(1). Pub. L. 97-414 substituted ``paragraph (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) generally,
substituting ``title 18, or subject to section 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 employee under its control from the duly authorized
committees 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) generally,
substituting ``notice and publishes such a finding in the Federal
Register),'' for ``notice),'', and ``In disclosing any information under
this subsection, the Commission may, and upon the request of the
manufacturer or private labeler shall, include with the disclosure any
comments or other information or a summary thereof submitted by such
manufacturer or private labeler to the extent permitted by and subject
to the requirements of this section'' for ``If the Commission finds
that, in the administration of this chapter, it has made public
disclosure of inaccurate or misleading information which reflects
adversely upon the safety of any consumer product, or the practices of
any manufacturer, private labeler, distributor, or retailer of consumer
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 adjudicatory
proceeding (which shall commence upon the issuance of a complaint) or
other administrative or judicial proceeding under this chapter'' for
``any administrative 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).
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 Energy and Commerce of House of
Representatives, and jurisdiction over matters relating to securities
and exchanges and insurance generally transferred to Committee on
Financial Services of House of Representatives by House Resolution No.
5, One Hundred Seventh Congress, Jan. 3, 2001.
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.
Confidentiality Protections for Information Reported on Incidents of
Children Choking
For purposes of subsection (b)(5) of this section, information
reported to Consumer Product Safety Commission 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 submitted
pursuant to section 2064(b) of this title, see section 102 of Pub. L.
103-267, set out as a Reporting Requirements note under section 2064 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 2074, 2077, 2078 of this
title.