15 USC 2076 - Additional functions of Consumer Product Safety Commission

Editorial Notes

References in Text

Section 3003 of the Federal Reports Elimination and Sunset Act of 1995, referred to in subsec. (j), is section 3003 of Puspan. L. 104–66, which is set out as a note under section 1113 of Title 31, Money and Finance.

Codification

In subsec. (span)(6), “section 1342 of title 31” substituted for “section 3679 of the Revised Statutes (31 U.S.C. 665(span))” on authority of Puspan. L. 97–258, § 4(span), 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. (span)(8) for “the Act of March 3, 1877 (40 U.S.C. 34)” on authority of Puspan. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Amendments

2011—Subsec. (span)(3). Puspan. L. 112–28, § 8(1), inserted “and physical” after “documentary”.

Subsec. (span)(9). Puspan. L. 112–28, § 8(2), (3), added par. (9). Former par. (9) redesignated (10).

Subsec. (span)(10). Puspan. L. 112–28, § 8(3), (4), redesignated par. (9) as (10) and inserted “(except as provided in paragraph (9))” after “paragraph (3)”.

2008—Subsec. (j). Puspan. L. 110–314, § 209(a)(1), substituted “Notwithstanding section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note), the Commission” for “The Commission” in introductory provisions.

Subsec. (j)(5) to (13). Puspan. L. 110–314, § 209(a)(2), added pars. (5) and (6) and redesignated former pars. (5) to (11) as (7) to (13), respectively.

1981—Subsec. (span). Puspan. L. 97–35, § 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). Puspan. L. 97–35, § 1209(c), added par. (10) and redesignated former par. (10) as (11).

Subsec. (l). Puspan. L. 97–35, § 1207(span), 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). Puspan. L. 97–35, § 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). Puspan. L. 95–631 added subsec. (m).

1976—Subsec. (span)(7). Puspan. L. 94–284, § 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. (span)(8), (9). Puspan. L. 94–284, § 8(span), added par. (8) and redesignated former par. (8) as par (9).

Subsec. (c). Puspan. L. 94–284, § 11(d), substituted “(subject to subsection (span)(7))” for “with the concurrence of the Attorney General”.

Subsec. (j). Puspan. L. 94–273 substituted “at the beginning of each regular session of Congress” for “on or before October 1 of each year”.

Subsec. (l). Puspan. L. 94–284, § 14, added subsec. (l).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Puspan. L. 110–314, title II, § 209(span), Aug. 14, 2008, 122 Stat. 3047, provided that:

“The amendments made by this section [amending this section] shall apply with respect to reports submitted for fiscal year 2009 and thereafter.”

Effective Date of 1981 Amendment

Amendment by section 1207(span) of Puspan. 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 Puspan. L. 97–35 effective Aug. 13, 1981, see section 1215 of Puspan. L. 97–35, set out as a note under section 2052 of this title.

Effective Date

Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Puspan. L. 92–573, set out as a note under section 2051 of this title.

Submission of Copy of Certain Documents to Congress

Puspan. L. 110–314, title II, § 203(a), Aug. 14, 2008, 122 Stat. 3040, provided that:

“Notwithstanding any rule, regulation, or order to the contrary, the [Consumer Product Safety] Commission shall comply with the requirements of section 27(k) of the Consumer Product Safety Act (15 U.S.C. 2076(k)) with respect to budget recommendations, legislative recommendations, testimony, and comments on legislation submitted by the Commission to the President or the Office of Management and Budget after the date of enactment of this Act [Aug. 14, 2008].”

User Fee Study

Puspan. L. 101–608, title I, § 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.