§ 2076. — Additional functions of Consumer Product Safety Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2076]
TITLE 15--COMMERCE AND TRADE
CHAPTER 47--CONSUMER PRODUCT SAFETY
Sec. 2076. Additional functions of Consumer Product Safety
Commission
(a) Authority to conduct hearings or other inquiries
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 anywhere in the United States.
A Commissioner who participates in such a hearing or other inquiry shall
not be disqualified solely by reason of such participation from
subsequently participating in a decision of the Commission in the same
manner. The Commission shall publish notice of any proposed hearing in
the Federal Register and shall afford a reasonable opportunity for
interested persons to present relevant testimony 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 regulatory or
enforcement function of the Commission; and such submission shall be
made within 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 evidence relating to
the execution of its duties;
(4) in any proceeding or investigation to order testimony to be
taken by deposition before any person who is designated by the
Commission 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 mileage as are paid in
like circumstances in the courts of the United States;
(6) to accept gifts and voluntary and uncompensated services,
notwithstanding the provisions 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
representative and in the name of the Commission, any civil
action if the Commission makes a written request to the Attorney
General for representation in such civil action and the Attorney
General does not within the 45-day period beginning on the date
such request was made notify the Commission in writing that the
Attorney General will represent the Commission in such civil
action, and
(B) initiate, prosecute, or appeal, through its own legal
representative, with the concurrence 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 Commission; and
(9) to delegate any of its functions or powers, other than the
power to issue subpenas under paragraph (3), to any officer or
employee of the Commission.
An order issued under paragraph (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 enforcement function of
the Commission. 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) of this section) 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 contempt 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 technical
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 necessary to carry out the
purposes of this chapter.
(f) Purchase of consumer products by Commission
For purposes of carrying out this chapter, the Commission may
purchase any consumer product and it may require any manufacturer,
distributor, or retailer of a consumer product to sell the product to
the Commission at manufacturer'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 operate a facility or
facilities suitable for research, 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
procedures shall keep such records as the Commission by rule shall
prescribe, including records which fully disclose the amount and
disposition by such recipient of the proceeds of such assistance, 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 facilitate an effective audit.
(2) The Commission and the Comptroller General of the United States,
or their duly authorized 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
entered into under this chapter under other than competitive bidding
procedures.
(j) Report to President and Congress
The Commission shall prepare and submit to the President and the
Congress at the beginning of each regular session of Congress a
comprehensive report on the administration of this chapter for the
preceding fiscal year. Such report shall include--
(1) a thorough appraisal, including statistical analyses,
estimates, and long-term projections, of the incidence of injury and
effects to the population resulting from consumer products, with a
breakdown, insofar as practicable, among the various sources of such
injury;
(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 location and
company name;
(4) a summary of outstanding problems confronting the
administration of this chapter in order of priority;
(5) an analysis and evaluation of public and private consumer
product safety research activities;
(6) a list, with a brief statement of the issues, of completed
or pending judicial actions under this chapter;
(7) the extent to which technical information was disseminated
to the scientific and commercial communities and consumer
information was made available to the public;
(8) the extent of cooperation between Commission officials and
representatives of industry and other interested parties in the
implementation of this chapter, including a log or summary of
meetings held between Commission officials and representatives of
industry and other interested parties;
(9) an appraisal of significant actions of State and local
governments relating to the responsibilities of the Commission;
(10) with respect to voluntary consumer product safety standards
for which the Commission has participated in the development through
monitoring or offering of assistance and with respect to voluntary
consumer product 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 development of such standards;
(E) the amount of resources of the Commission devoted to
encouraging development of such standards; and
(F) such other information as the Commission determines
appropriate or necessary to inform the Congress on the current
status of the voluntary consumer product safety standard
program; and
(11) such recommendations for additional legislation as the
Commission deems necessary to carry out the purposes of this
chapter.
(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 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 legislative recommendations,
or testimony, or comments on legislation to the President or the Office
of Management and Budget, it shall concurrently transmit a copy thereof
to the Congress. No officer or agency of the United States shall have
any authority to require the Commission 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 submission of such recommendations, testimony, or
comments to the Congress.
(Pub. L. 92-573, Sec. 27, Oct. 27, 1972, 86 Stat. 1227; Pub. L. 94-273,
Sec. 31, Apr. 21, 1976, 90 Stat. 380; Pub. L. 94-284, Secs. 8(b), 11(c),
(d), 14, May 11, 1976, 90 Stat. 506-509; Pub. L. 95-631, Sec. 11, Nov.
10, 1978, 92 Stat. 3748; Pub. L. 97-35, title XII, Secs. 1207(b), 1208,
1209(c), 1211(d), Aug. 13, 1981, 95 Stat. 718, 720, 721.)
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, Sec. 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 authority of Pub. L. 107-217,
Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which
enacted Title 40, Public Buildings, Property, and Works.
Amendments
1981--Subsec. (b). Pub. L. 97-35, Sec. 1208, substituted in par. (1)
``may prescribe to carry out a specific regulatory or enforcement
function of the Commission'' for ``may prescribe'' and in provision
following par. (9) inserted 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 enforcement 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, Sec. 1209(c), added par. (10)
and redesignated former par. (10) as (11).
Subsec. (l). Pub. L. 97-35, Sec. 1207(b), struck out subsec. (l)
which provided for reports to the House of Representatives and the
Senate of proposed consumer product safety rules and regulations.
Subsec. (m). Pub. L. 97-35, Sec. 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 particular rulemaking proceedings.
1978--Subsec. (m). Pub. L. 95-631 added subsec. (m).
1976--Subsec. (b)(7). Pub. L. 94-284, Sec. 11(c), permitted the
Commission to initiate, defend, prosecute, or appeal any civil action
through its own legal representative provided that the Commission make a
written request 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 regard to criminal action, permitted the Commission to initiate,
prosecute, or appeal with its own legal representative, with the
concurrence of the Attorney General, or through the Attorney General.
Subsec. (b)(8), (9). Pub. L. 94-284, Sec. 8(b), added par. (8) and
redesignated former par. (8) as par (9).
Subsec. (c). Pub. L. 94-284, Sec. 11(d), substituted ``(subject to
subsection (b)(7) of this section)'' for ``with the concurrence of the
Attorney General''.
Subsec. (j). Pub. L. 94-273 substituted ``at the beginning of each
regular session of Congress'' for ``on or before October 1 of each
year''.
Subsec. (l). Pub. L. 94-284, Sec. 14, added subsec. (l).
Effective Date of 1981 Amendment
Amendment by section 1207(b) of Pub. L. 97-35 applicable 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.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(j) of this section relating to submittal of report to Congress at the
beginning of each regular session of Congress, see section 3003 of Pub.
L. 104-66, as amended, set out as a note under section 1113 of Title 31,
Money and Finance, and page 158 of House Document No. 103-7.
User Fee Study
Pub. L. 101-608, title I, Sec. 119, Nov. 16, 1990, 104 Stat. 3122,
directed Consumer Product Safety Commission to conduct a study of
feasibility of requiring entities subject to Consumer Product Safety Act
(15 U.S.C. 2051 et seq.) to pay to Commission amounts to defray
reasonable costs of particular services provided by Commission to such
entities, with Commission to complete study within one year of Nov. 16,
1990, and report results of study to Congress.
Section Referred to in Other Sections
This section is referred to in sections 2064, 2068, 2071, 2080, 2081
of this title.
