15 USC 2055(a)(2): Trade secret and other confidential business information

          
Sec. 2055. Public disclosure of information


(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.

(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, 
Secs. 106, 112(c), Nov. 16, 1990, 104 Stat. 3111, 3116.)

                       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.
                               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 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. Committee on Commerce of House of 
Representatives changed to Committee on Energy and Commerce of House of 
Representatives, and jurisdiction over matters relating to securities 
and exchanges and insurance generally transferred to Committee on 
Financial Services of House of Representatives by House Resolution No. 
5, One Hundred Seventh Congress, Jan. 3, 2001.
                    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.