-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 47 - CONSUMER PRODUCT SAFETY

-HEAD-
Sec. 2055. Public disclosure of information

-STATUTE-
(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.

-SOURCE-
(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, Sec. 106, 112(c), Nov. 16, 1990, 104 Stat. 3111, 3116.)

-REFTEXT-
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.

-MISC2-
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-
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.

-MISC4-
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.