15 U.S.C. § 2055a — Publicly available consumer product safety information database

(a)(1) Subject to available appropriations, the Commission^* must establish and maintain a database about the safety of consumer products and other products or substances it regulates. The database must be public, searchable, and accessible through the Commission’s website. (2) Within 180 days after August 14, 2008, the Commission must send appropriate congressional committees^* a detailed implementation plan covering operation, content, maintenance, functionality, technology integration, schedule, and a public-awareness campaign. (3) Within 18 months after sending the plan, it must establish the database.

(b)(1) Except as subsection (c)(4) provides, the database must include: (A) harm reports received from consumers; local, State^*, or federal agencies; health professionals; child-service providers; and public-safety entities; (B) information from section 2064(c) notice or public notice of a voluntary corrective action by a manufacturer^*, in consultation with the Commission, that the Commission announced; and (C) comments received under subsection (c)(2)(A), when requested under (c)(2)(B). (2) The Commission must provide electronic, telephone, and paper ways to submit reports. Each report must at least describe the product, identify its manufacturer or private labeler^*, describe the product-related harm, give the submitter’s contact information, and include the submitter’s verification that the information is true and accurate to the best of the submitter’s knowledge and consent to inclusion. (3) It must also include additional information it finds in the public interest, consistently with section 2055(a) and (b). (4) It must organize information for easy consumer use and, as practicable, make it sortable by submission date, product name, model name, manufacturer or private-labeler name, and other public-interest elements. (5) It must clearly tell users that it does not guarantee the database’s accuracy, completeness, or adequacy. (6) It may not disclose a report submitter’s name, address, or other contact information, except to the manufacturer or private labeler with the submitter’s express written consent. That recipient may use or share the information only to verify the report.

(c)(1) Within five business days after receiving a complete report described in (b)(1)(A), the Commission must, when practicable and subject to (b)(6), send it to the identified manufacturer or private labeler. (2)(A) It must give that recipient a chance to comment. (B) The recipient may ask that its comments be placed in the database. (C)(i) The recipient may review the report and identify confidential portions. (ii) If the Commission finds designated information is a trade secret, a title 18 section 1905 matter, or subject to title 5 section 552(b)(4), it must redact it before database placement. (iii) If it finds the information is not confidential, it must notify the recipient and include it. The recipient may sue in the listed federal district courts to remove it. (3)(A) Unless paragraph (4)(A) or (5) applies, the Commission must post the report by the 10th business day after sending it to the manufacturer or private labeler. (B) A requested comment must be posted at the same time or as soon as practicable afterward. (4)(A) If notified before posting that a report or comment is materially inaccurate, the Commission may delay posting for no more than five additional days. If it finds material inaccuracy, it must decline to post it, correct it and post it, or add corrective information. (B) If it later finds database information materially inaccurate or duplicative, within seven business days it must remove it, correct it, or add corrective information. (5)(A) If a report lacks a model or serial number, the Commission must seek that number, or a product photograph if unavailable. It must immediately send obtained information to the product’s manufacturer. It must post the report on the 15th business day after sending it under paragraph (1), including any additional product information obtained. (B) This does not allow delaying transmission until the number or photograph is obtained and does not make posting depend on obtaining one.

(d) Each year the Commission must report to appropriate congressional committees on the database’s operation, content, maintenance, functionality, and cost, and the number of reports and comments received, posted, corrected, or removed.

(e) Within two years after establishing the database, the Comptroller General must report to those committees on its general usefulness, including consumer use, breadth of public access, usefulness to consumers, and Commission public-information efforts, and must recommend ways to increase use and broad access.

(f)(1) Section 2055(a) and (b) do not apply to disclosure under this section of a report described in (b)(1)(A). (2) This does not exempt information received under section 2064(b) or another mandatory or voluntary reporting program between a retailer^*, manufacturer, or private labeler and the Commission.

(g) “Harm” means: (1) injury, illness, or death; or (2) a risk of injury^*, illness, or death as the Commission determines..