15 U.S.C. § 2076 : US Code - Section 2076: Additional functions of Consumer Product Safety Commission

Search 15 U.S.C. § 2076 : US Code - Section 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.