15 U.S.C. § 2055 — Public disclosure of information
submitted 54 years ago by Pub. L. 92-573 to r/title-15-COMMERCE-AND-TRADE · 2,247 words · no verdicts yet
This section protects confidential consumer-product information while setting procedures for public disclosure. It gives manufacturers and private labelers notice and opportunities to object, and requires accuracy safeguards and special handling of civil-action reports.
(a)(1) Nothing in this Act requires release of information protected from public disclosure by title 5 section 552(b) or another law. (2) Information reported to or obtained by the Commission* under this Act that contains or relates to a trade secret, title 18 section 1905 matter, or title 5 section 552(b)(4) matter is confidential and must not be disclosed. (3) Before disclosing information that would let the public readily identify a product’s manufacturer* or private labeler*, the Commission must offer that manufacturer or private labeler a chance to mark information confidential. The mark must be submitted within 15 calendar days after the offer is received. (4) Information marked confidential at submission or under paragraph (3) must not be disclosed except under paragraphs (5) and (6). (5) If the Commission decides marked information is not confidential and may be disclosed, it must notify the person in writing and wait at least 10 days after receipt of notice before disclosure. (6) Before the release date, the notified person may sue in the listed federal district courts to stop disclosure and may seek a stay from the proper district or appellate court. The document may not be disclosed until the court rules on the stay request. (7) The Act does not permit withholding information from authorized congressional committees or subcommittees. Paragraphs (2)–(6) do not apply to those disclosures, but the Commission must immediately notify the manufacturer or private labeler of a request for information it marked confidential. (8) Paragraphs (2)–(6) do not bar disclosure to Commission officers, employees, representatives, or contractors involved in carrying out the Act, or when relevant in Commission administrative or judicial proceedings to which it is a party. Such disclosures follow Commission rules, including in-camera rules, or court rules and orders. Commission rules may not be amended inconsistently with this section.
(b)(1) Unless paragraph (4) applies, at least 15 days before publicly disclosing information obtained under this Act, or information disclosed to the public in connection with it, the Commission must, when practicable, notify and summarize it for each manufacturer or private labeler readily identifiable from the information. This notice is not required for a shorter period unless the Commission publishes a finding that public health and safety require it. The Commission must give a reasonable chance to comment, take reasonable steps to ensure identifiable information is accurate, and ensure disclosure is fair and reasonably related to the Act’s purposes. It may, and must on request, include the manufacturer’s or private labeler’s comments or other information, as allowed by this section. (2) If the Commission decides to disclose a document the manufacturer or private labeler says is inaccurate, it must give at least five days’ notice after receipt, unless it publishes a public-health finding allowing less notice. (3)(A) Before release, the recipient may sue in the listed federal district courts to stop disclosure. The court may stop it if the Commission failed to take subsection (b)(1)’s reasonable steps. (B) If the Commission finds the case needs expedited consideration for public health and safety, it may ask the District Court for expedited treatment. The court must hear it as soon as possible, give it priority, expedite it as far as practicable, and grant or deny the injunction within 30 days after the request. (4) Paragraphs (1)–(3) do not apply to information about a product involved in a section 2061 action, or a product the Commission reasonably believes violates a safety rule or Act provision (or a similar rule or provision enforced by the Commission), or to information in or about a rulemaking, adjudicatory, or other administrative or judicial proceeding. (5) In addition to paragraph (1), the Commission may not disclose section 2064(b) information about a product unless: (A) it filed a section 2064(c) or (d) complaint alleging a substantial product hazard; (B) it accepted a written remedial settlement instead; (C) the submitter agrees; or (D) it publishes a finding that public health and safety require disclosure with less notice. This paragraph does not apply to a product involved in section 2061 litigation, a product the Commission reasonably believes violates a safety rule or Act provision (or similar provision), or information in a judicial proceeding. (6) When the Commission starts public disclosure of information about the safety of a product or class, whether or not a maker can be identified, it must establish procedures to make the information accurate and not misleading. (7) If it publicly disclosed inaccurate or misleading information that harms the reputation of a product, product class, manufacturer, private labeler, distributor*, or retailer*, it must reasonably publish a retraction in a way equivalent to the original disclosure. (8) If it ends a rulemaking or adjudicatory proceeding after it began but before final action, it must reasonably publicize the termination in a way equivalent to how the proceeding began.
(c) As far as practicable, the Commission must tell each consumer-product manufacturer about any significant injury risk associated with its product.
(d)(1) “Act” means the Consumer Product* Safety Act, Flammable Fabrics Act, Poison Prevention Packaging Act, and Federal Hazardous Substances Act. (2) This section applies whenever the Commission, a Commissioner, or a Commission officer, employee, agent, or representative acting officially discloses information.
(e)(1) Despite title 5 section 552, subsection (a)(7), and other law, except paragraphs (2)–(4), Commission members, officers, employees, and Department of Justice officers and employees may not: (A) publicly disclose reports provided under section 2084(c)(1) or (c)(2)(A); (B) use them except for Commission responsibilities; or (C) let anyone other than specified Commission or Justice personnel examine them. (2) Those reports are immune from legal process and not subject to subpoena or discovery in civil State* or federal cases or administrative proceedings, except an action against the manufacturer under section 2069, 2070, or 2071 for failing to provide section 2084 information. (3) On written request and payment of actual or estimated search and copying costs, the Commission may provide a manufacturer or authorized agent authenticated copies of its reports. (4) On written request by the Chair or Ranking Minority Member of an appropriate congressional committee or subcommittee, the Commission must provide information furnished under section 2084 for matters related to that body’s jurisdiction. (5) A federal officer or employee who receives section 2084 information and willfully violates this subsection may be dismissed or disciplined under Office of Personnel Management procedures.
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.
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.
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). 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.
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).
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.
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.
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.
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—
in Commission administrative proceedings or in judicial proceedings to which the Commission is a party, or
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.
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, 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.
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 5 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 publishes a finding that the public health and safety requires a lesser period of notice.
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).
If the Commission determines that the public health and safety requires expedited consideration of an action brought under subparagraph (A), the Commission may file a request with the District Court for such expedited consideration. If the Commission files such a request, the District Court shall—
assign the matter for hearing at the earliest possible date;
give precedence to the matter, to the greatest extent practicable, over all other matters pending on the docket of the court at the time;
expedite consideration of the matter to the greatest extent practicable; and
grant or deny the requested injunction within 30 days after the date on which the Commission’s request was filed with the court.
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 any consumer product safety rule* or provision of this Act or similar rule or provision of any other Act enforced by the Commission; 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.
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—
the Commission has issued a complaint under section 2064(c) or (d) of this title alleging that such product presents a substantial product hazard;
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;
the person who submitted the information under section 2064(b) of this title agrees to its public disclosure; or
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 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 any consumer product safety rule or provision under this Act or similar rule or provision of any other Act enforced by the Commission, or information in the course of or concerning a judicial proceeding.
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.
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.
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.
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.
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.].
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.
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—
publicly disclose information furnished under subsection (c)(1) or (c)(2)(A) of section 2084 of this title;
use such information for any purpose other than to carry out the Commission’s responsibilities; or
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.
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.
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.
Upon written request of the Chairman or Ranking Minority Member of either of the appropriate Congressional committees* or any subcommittee thereof, 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.
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 credit: (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.)
- 1972Enacted · Pub. L. 92-573 · 86 Stat. 1212
- 1981Amended · Pub. L. 97-35 · 95 Stat. 713
- 1983Amended · Pub. L. 97-414 · 96 Stat. 2064
- 1990Amended · Pub. L. 101-608 · 104 Stat. 3111, 3116
- 2008Amended · Pub. L. 110-314 · 122 Stat. 3047, 3074
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-573 on 1972-10-27.
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