text:
Page:United States Statutes at Large Volume 95.djvu/730

 95 STAT. 704

PUBLIC LAW 97-35—AUG. 13, 1981 "(2) Requirements that a consumer product be marked with or accompanied by clear and adequate warnings or instructions, or requirements respecting the form of warnings or instructions. Any requirement of such a standard shall be reasonably necessary to prevent or reduce an unreasonable risk of injury associated with such product. "(b) The Commission shall rely upon voluntary consumer product safety standards rather than promulgate a consumer product safety standard prescribing requirements described in subsection (a) whenever compliance with such voluntary standards would eliminate or adequately reduce the risk of injury addressed and it is likely that there will be substantial compliance with such voluntary standards. "(c) If any person participates with the Commission in the development of a consumer product safety standard, the Commission may agree to contribute to the person's cost with respect to such participation, in any case in which the Commission determines that such contribution is likely to result in a more satisfactory standard than would be developed without such contribution, and that the person is fineincially responsible. Regulations of the Commission shall set forth the items of cost in which it may participate, and shall exclude any contribution to the acquisition of land or buildings. Payments under agreements entered into under this subsection may be made without regard to section 3648 of the Revised Statutes of the United States (31 U.S.C. 529).". ADMINISTRATIVE PROCEDURE

15 USC 2058.

SEC. 1203. (a) Section 9 is amended to read as follows: "PROCEDURE FOR CONSUMER PRODUCT SAFETY RULES

Publication in Federal ^ ^'

"SEC. 9. (a) A proceeding for the development of a consumer product safety rule shall be commenced by the publication in the Federal Register of an advance notice of proposed rulemaking which shall— "(1) identify the product and the nature of the risk of injury associated with the product; "(2) include a summary of each of the regulatory alternatives under consideration by the Commission (including voluntary consumer product safety steindards); "(3) include information with respect to any existing standard known to the Commission which may be relevant to the proceedings, together with a summary of the recisons why the Commission believes preliminarily that such standard does not eliminate or adequately reduce the risk of injury identified in paragraph (1); (4) invite interested persons to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days or more than 60 days after the date of publication of the notice), comments with respect to the risk of injury identified by the Commission, the regulatory alternatives being considered, and other possible alternatives for addressing the risk; "(5) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), an existing standard or a portion of a standard as a proposed consumer product safety standard; and

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text:
Page:United States Statutes at Large Volume 95.djvu/731

 PUBLIC LAW 97-35—AUG. 13, 1981 "(6) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), a statement of intention to modify or develop a voluntary consumer product safety standard to address the risk of injury identified in paragraph (1) together with a description of a plan to modify or develop the standard. The Commission shall transmit such notice within 10 calendar days to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. (b)(1) If the Commission determines that any standard submitted to it in response to an invitation in a notice published under subsection (a)(5) if promulgated (in whole, in part, or in combination with any other standard submitted to the Commission or any part of such a standard) as a consumer product safety standard, would eliminate or adequately reduce the risk of injury identified in the notice under subsection (a)(D, the Commission may publish such standard, in whole, in part, or in such combination and with nonmaterial modifications, as a proposed consumer product safety rule. "(2) If the Commission determines that— "(A) compliance with any standard submitted to it in response to an invitation in a notice published under subsection (a)(6) is likely to result in the elimination^n* adequate reduction of the risk of injury identified in the notice, and "(B) it is likely that there will be substantial compliance with such standard, the Commission shall terminate any proceeding to promulgate a consumer product safety rule respecting such risk of injury and shall publish in the Federal Kegister a notice which includes the determination of the Commission and which notifies the public that the Commission will rely on the voluntary_standard to eliminate or reduce the risk of injury. "(c) No consumer product safety rule may be proposed by the Commission unless, not less than 60 days after publication of the notice required in subsection (a), the Commission publishes in the Federal Register the text of the proposed rule, including any alternatives, which the Commission proposes to promulgate, together with a preliminary regulatory analysis containing— "(1) a preliminary description of the potential benefits and potential costs of the proposed rule, including any benefits or costs that cannot be quantified in monetary terms, and an identification of those likely to receive the benefits and bear the costs; "(2) a discussion of the reasons any standard or portion of a standard submitted to the Commission under subsection (a)(5) was not published by the Commission as the proposed rule or part of the proposed rule; "(3) a discussion of the reasons for the Commission's preliminary determination that efforts proposed under subsection (a)(6) and assisted by the Commission as required by section 6(a)(3) would not, within a reasonable period of time, be likely to result in the development of a voluntary consumer product safety standard that would eliminate or adequately reduce the risk of injury addressed by the proposed rule; and "(4) a description of any reasonable alternatives to the proposed rule, together with a summary description of their poten-

95 STAT. 705

Transmittal to congressional committees.

Publication in Federal Register.

Publication in Federal Register.

Post, p. 720.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 95.djvu/732

 95 STAT. 706

Transmittal to congressional committees.

Publication in Federal Register.

PUBLIC LAW 97-35—AUG. 13, 1981 tial costs and benefits, and a brief explanation of why such alternatives should not be published as a proposed rule. The Commission shall transmit such notice within 10 calendar days to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. "(d)(1) Within 60 days after the publication under subsection (c) of a proposed consumer product safety rule respecting a risk of injury associated with a consumer product, the Commission shall— "(A) promulgate a consumer product safety rule respecting the risk of injury associated with such product, if it makes the findings required under subsection (f), or "(B) withdraw the applicable notice of proposed rulemaking if it determines that such rule is not (i) reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with the product, or (ii) in the public interest; except that the Commission may extend such 60-day period for good cause shown (if it publishes its reasons therefor in the Federal Register). "(2) Consumer product safety rules shall be promulgated in accordance with section 553 of title 5, United States Code, except that the Commission shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written submissions. A transcript shall be kept of any oral presentation. "(e) A consumer product safety rule shall express in the rule itself the risk of injury which the standard is designed to eliminate or reduce. In promulgating such a rule the Commission shall consider relevant available product data including the results of research, development, testing, and investigation activities conducted generally and pursuant to this Act. In the promulgation of such a rule the Commission shall also consider and take into account the special needs of elderly and handicapped persons to determine the extent to which such persons may be adversely affected by such rule. "(f)(1) Prior to promulgating a consumer product s a f e ^ rule, the Commission shall consider, and shall make appropriate findings for inclusion in such rule with respect to— "(A) the degree and nature of the risk of injury the rule is designed to eliminate or reduce; "(B) the approximate number of consumer products, or types or classes thereof, subject to such rule; "(C) the need of the public for the consumer products subject to such rule, and the probable effect of such rule upon the utility, cost, or availability of such products to meet such need; and "(D) any means of achieving the objective of the order while minimizing adverse effects on competition or disruption or dislocation of manufacturing and other commercial practices consistent with the public health and safety. "(2) The Commission shall not promulgate a consumer product safety rule unless it has prepared, on the basis of the findings of the Commission under paragraph (1) and on other information before the Commission, a final regulatory analysis of the rule containing the following information: "(A) A description of the potential benefits and potential costs of the rule, including costs and benefits that cannot be quantified in monetary terms, and the identification of those likely to receive the benefits and bear the costs.

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text:
Page:United States Statutes at Large Volume 95.djvu/733

 PUBLIC LAW 97-35—AUG. 13, 1981 "(B) A description of any alternatives to the final rule which were considered by the Commission, together with a summary description of their potential benefits and costs and a brief explanation of the reasons why these alternatives were not chosen. "(C) A summary of any significant issues raised by the comments submitted during the public comment period in response to the preliminary regulatory analysis, and a summary of the assessment by the Commission of such issues. The Commission shall publish its final regulatory analysis with the rule. "(3) The Commission shall not promulgate a consumer product safety rule unless it finds (and includes such finding in the rule)— "(A) that the rule (including its effective date) is reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with such product; "(B) that the promulgation of the rule is in the public interest; "(C) in the case of a rule declaring the product a banned hazardous product, that no feasible consumer product safety standard under this Act would adequately protect the public from the unreasonable risk of injury associated with such product; "(D) in the case of a rule which relates to a risk of injury with respect to which persons who would be subject to such rule have adopted and implemented a voluntary consumer product safety standard, that— "(i) compliance with such voluntary consumer product safety standard is not likely to result in the elimination or adequate reduction of such risk of injury; or "(ii) it is unlikely that there will be substantial compliance with such voluntary consumer product safety standard; "(E) that the benefits expected from the rule bear a reasonable relationship to its costs; and "(F) that the rule imposes the least burdensome requirement which prevents or adequately reduces the risk of injury for which the rule is being promulgated. "(4)(A) Any preliminary or final regulatory analysis prepared under subsection (c) or (f)(2) shall not be subject to independent judicial review, except that when an action for judicial review of a rule is instituted, the contents of any such regulatory analysis shall constitute part of the whole rulemaking record of agency action in connection with such review. "(B) The provisions of subparagraph (A) shall not be construed to alter the substantive or procedural standards otherwise applicable to judicial review of any action by the Commission. "(g)(1) Each consumer product safety rule shall specify the date such rule is to take effect not exceeding 180 days from the date promulgated, unless the Commission finds, for good cause shown, that a later effective date is in the public interest and publishes its reasons for such finding. The effective date of a consumer product safety standard under this Act shall be set at a date at least 30 days after the date of promulgation unless the Commission for good cause shown determines that an earlier effective date is in the public interest. In no case may the effective date be set at a date which is earlier than the date of promulgation. A consumer product safety standard shall be applicable only to consumer products manufactured after the effective date.

95 STAT. 707

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text:
Page:United States Statutes at Large Volume 95.djvu/734

 95 STAT. 708

"Stockpiling;

Ante, p. 703. 15 USC 2057. Publication in Federal Register.

15 USC 2060.

Publication in Federal Register. 15 USC 1261.

PUBLIC LAW 97-35—AUG. 13, 1981 "(2) The Commission may by rule prohibit a manufacturer of a consumer product from stockpiling any product to which a consumer product safety rule applies, so as to prevent such manufacturer from circumventing the purpose of such consumer product safety rule. For purposes of this paragraph, the term 'stockpiling' means manufacturing or importing a product between the date of promulgation of such consumer product safety rule and its effective date at a rate which is significantly greater (as determined under the rule under this paragraph) than the rate at which such product was produced or imported during a base period (prescribed in the rule under this paragraph) ending before the date of promulgation of the consumer product safety rule. "(h) The Commission may by rule amend or revoke any consumer product safety rule. Such amendment or revocation shall specify the date on which it is to take effect which shall not exceed 180 days from the date the amendment or revocation is published unless the Commission finds for good cause shown that a later effective date is in the public interest and publishes its reasons for such finding. Where an amendment involves a material change in a consumer product safety rule, sections 7 and 8, and subsections (a) through (g) of this section shall apply. In order to revoke a consumer product safety rule, the Commission shall publish a proposal to revoke such rule in the Federal Register, and allow oral and written presentations in accordance with subsection (d)(2) of this section. It may revoke such rule only if it determines that the rule is not reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with the product. Section 11 shall apply to any amendment of a consumer product safety rule which involves a material change and to any revocation of a consumer product safety rule, in the same manner and to the same extent as such section applies to the Commission's action in promulgating such a rule.". Ob)(l) Section 3 of the Federal Hazardous Substances Act (15 U.S.C. 1262) is amended by adding at the end the following new subsections: "(f) A proceeding for the promulgation of a regulation under section 2(q)(l) classifying an article or substance as a banned hazardous substance or a regulation under subsection (e) of this section shall be commenced by the publication in the Federal Register of an advance notice of proposed rulemaking which shall— "(1) identify the article or substance and the nature of the risk of injury associated with the article or substance; "(2) include a summary of each of the regulatory alternatives under consideration by the Commission (including voluntary standards); "(3) include information with respect to any existing standard known to the Commission which may be relevant to the proceedings, together with a summary of the reasons why the Commission believes preliminarily that such standard does not eliminate or adequately reduce the risk of injury identified in paragraph (1); "(4) invite interested persons to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days or more than 60 days after the date of publication of the notice), comments with respect to the risk of injury identified by the Commission, the regulatory alternatives being considered, and other possible alternatives for addressing the risk; "(5) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall

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text:
Page:United States Statutes at Large Volume 95.djvu/735

 PUBLIC LAW 97-35—AUG. 13, 1981 specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), an existing standard or a portion of a standard as a proposed regulation under section 2(q)(l) or subsection (e) of this section; and '(6) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), a statement of intention to modify or develop a voluntary standard to address the risk of injury identified in paragraph (1) together with a description of a plan to modify or develop the standard. The Commission shall transmit such notice within 10 calendar days to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. (g)(l) If the Commission determines that any standard submitted to it in response to an invitation in a notice published under subsection (f)(5) if promulgated (in whole, in part, or in combination with any other standard submitted to the Commission or any part of such a standard) as a regulation under section 2(^X1) or subsection (e) of this section, as the case may be, would elimmate or adequately reduce the risk of injury identified in the notice provided under subsection (fKD, the Commission may publish such standard, in whole, in part, or in such combination and with nonmaterial modifications, as a proposed regulation under such section or subsection. "(2) If the Commission determines that— "(A) compliance with any standard submitted to it in response to an invitation in a notice published under subsection (iD(6) is likely to result in the elimination or adequate reduction of the risk of injury identified in the notice, and "(B) it is likely that there will be substantial compliance with such standard, the Commission shall terminate any proceeding to promulgate a regulation under section 2(q)(l) or subsection (e) of this section, respecting such risk of injury and shall publish in the Federal Register a notice which includes the determination of the Commission and which notifies the public that the Commission will rely on the voluntary standard to eliminate or reduce the risk of iniury. "(h) No regulation under section 2(q)(l) classifying an article or substance as a banned hazardous substance and no regulation under subsection (e) of this section may be proposed by the Commission unless, not less than 60 days after publication of the notice required in subsection (f), the Commission publishes in the Federal Register the text of the proposed rule, including any alternatives, which the Commission proposes to promulgate, together with a preliminary regulatory analysis containing— "(1) a preliminary description of the potential benefits and potential costs of the proposed regulation, including any benefits or costs that cannot be quantified in monetary terms, and an identification of those likely to receive the benefits and bear the costs; "(2) a discussion of the reasons any standard or portion of a standard submitted to the Commission under subsection (f)(5) was not published by the Commission as the proposed regulation or part of the proposed regulation; (3) a discussion of the reasons for the Commission's preliminary determination that efforts proposed under subsection (fK6) and assisted by the Commission as required by section 5(a)(3) of

95 STAT. 709

15 USC 1261.

Transmittal to congressional committees.

Publication in Federal Register.

Publication in Federal Register.

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text:
Page:United States Statutes at Large Volume 95.djvu/736

 95 STAT. 710 Post, p. 720.

Transmittal comSIer"^

15 USC 1261.

PUBLIC LAW 97-35—AUG. 13, 1981 the Consumer Product Safety Act would not, within a reasonable period of time, be likely to result in the development of a voluntary standard that would eliminate or adequately reduce the risk of injury identified in the notice provided under subsection (f)(1); and "(4) a description of any reasonable alternatives to the proposed regulation, together with a summary description of their potential costs and benefits, and a brief explanation of why such alternatives should not be published as a proposed regulation. The Commission shall transmit such notice within 10 calendar days ^ *^® Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. "(i)(1) The Commission shall not promulgate a regulation under section 2(q)(l) classif3ring an article or substance as a banned hazardous substance or a regulation under subsection (e) of this section unless it has prepared a final regulatory analysis of the regulation containing the following information: "(A) A description of the potential benefits and potential costs of the regulation, including costs and benefits that cannot be quantified in monetary terms, and the identification of those likely to receive the benefits and bear the costs. "(B) A description of any alternatives to the final regulation which were considered by the Commission, together with a summary description of their potential benefits and costs and a brief explanation of the reasons why these alternatives were not chosen. "(C) A summary of any significant issues raised by the comments submitted during the public comment period in response to the preliminary regulatory analysis, and a summary of the assessment by the Commission of such issues. The Commission shall publish its final regulatory analysis with the regulation. "(2) The Commission shall not promulgate a regulation under section 2(q)(l) classifying an article or substance as a banned hazardous substance or a regulation under subsection (e) of this section unless it finds (and includes such finding in the regulation)— "(A) in the case of a regulation which relates to a risk of injury with respect to which persons who would be subject to such regulation have adopted and implemented a voluntary standard, that'll) compliance with such voluntary standard is not likely to result in the elimination or adequate reduction of such risk of injury; or "(ii) it is unlikely that there will be substantial compliance with such voluntary standard; "(B) that the benefits expected from the regulation bear a reasonable relationship to its costs; and "(C) that the regulation imposes the least burdensome requirement which prevents or adequately reduces the risk of injury for which the regulation is being promulgated. "(8)(A) Any regulatory analysis prepared under subsection (h) or paragraph (1) shall not be subject to independent judicial review, except that when an action for judicial review of a regulation is instituted, the contents of any such regulatory analysis shall constitute part of the whole rulemaking record of agency action in connection with such review.

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text:
Page:United States Statutes at Large Volume 95.djvu/737

 PUBLIC LAW 97-35—AUG. 13, 1981 "(B) The provisions of subparagraph (A) shall not be construed to alter the substantive or procedural standards otherwise applicable to judicial review of any action by the Commission.". (2) Section 4 of the Flammable Fabrics Act (15 U.S.C. 1193) is amended by adding at the end the following new subsections: "(g) A proceeding for the promulgation of a regulation under this section for a fabric, related material, or product shall be commenced by the publication in the Federal Register of an advance notice of proposed rulemaking which shall— "(1) identify the fabric, related material, or product and the nature of the risk of injury associated with the fabric, related material, or product; "(2) include a summary of each of the regulatory alternatives under consideration by the Commission (including voluntary standards); "(3) include information with respect to any existing standard known to the Commission which may be relevant to the proceedings, together with a summary of the reasons why the Commission believes preliminarily that such standard does not eliminate or adequately reduce the risk of injury identified in paragraph (1); "(4) invite interested persons to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days or more than 60 days after the date of publication of the notice), comments with respect to the risk of injury identified by the Commission, the regulatory alternatives being considered, and other possible alternatives for addressing the risk; "(5) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), an existing standard or a portion of a standard as a proposed regulation. "(6) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), a statement of intention to modify or develop a voluntary standard to address the risk of injury identified in paragraph (1) together with a description of a plan to modify or develop the standard. The Commission shall transmit such notice within 10 calendar days to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. (h)(1) If the Commission determines that any standard submitted to it in response to an invitation in a notice published under subsection (g)(5) if promulgated (in whole, in part, or in combination with any other standard submitted to the Commission or any part of such a standard) as a regulation, would eliminate or adequately reduce the risk of injury identified in the notice provided under subsection (g)(D, the Commission may publish such standard, in whole, in part, or in such combination and with nonmaterial modifications, as a proposed regulation under this section. "(2) If the Commission determines that— "(A) compliance with any standard submitted to it in response to an invitation in a notice published under subsection (g)(6) is likely to result in the elimination or adequate reduction of the risk of injury identified in the notice, and

89-194 O—82

47:QL3

95 STAT. 711

Publication in Federal Register.

Transmittal to congressional committees.

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text:
Page:United States Statutes at Large Volume 95.djvu/738

 95 STAT. 712

Publication in Federal Register.

Publication in Federal Register.

Post, p. 720.

Transmittal to congressional committees.

PUBLIC LAW 97-35—AUG. 13, 1981 "(B) it is likely that there will be substantial compliance with such standard, the Commission shall terminate any proceeding to promulgate a regulation respecting such risk of injury and shall publish in the Federal Register a notice which includes the determination of the Commission and which notifies the public that the Commission will rely on the voluntary standard to eliminate or reduce the risk of injury. "(i) No regulation may be proposed by the Commission under this section unless, not less than 60 days alter publication of the notice required in subsection (g), the Commission publishes in the Federal Register the text of the proposed rule, including any alternatives, which the Commission proposes to promulgate, together with a preliminary regulatory analysis containing— "(1) a preliminary description of the potential benefits and potential costs of the proposed regulation, including any benefits or costs that cannot oe quantified in monetary terms, and an identification of those likely to receive the benefits and bear the costs; "(2) a discussion of the reasons any standard or portion of a standard submitted to the Commission under subsection (g)(5) was not published by the Commission as the proposed regulation or part of the proposed regulation; "(3) a discussion of the reasons for the Commission's preliminary determination that efforts proposed under subsection (g)(6) and assisted by the Commission as required by section 5(a)(3) of the Consumer Product Safety Act would not, within a reasonable period of time, be likely to result in the development of a voluntary standard that would eliminate or adequately reduce the risk of injury identified in the notice provided under subsection (g)(D; and "(4) a description of any reasonable alternatives to the proposed regulation, together with a summary description of their potential costs and benefits, and a brief explanation of whv such alternatives should not be published as a proposed regulation. The Commission shall transmit such notice within 10 calendar days to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. "(j)(1) The Commission shall not promulgate a regulation under this section unless it heis prepared a final regulatory analysis of the regulation containing the following information: "(A) A description of the potential benefits and potential costs of the regulation, including costs and benefits that cannot be quantified in monetary terms, and the identification of those likely to receive the benefits and bear the costs. "(B) A description of any alternatives to the final regulation which were considered by the Commission, together with a summary description of their potential benefits and costs and a brief explanation of the reasons why these alternatives were not chosen. "(C) A summary of any significemt issues raised by the comments submitted during the public comment period in response to the preliminary regulatory analysis, and a summary of the assessment by the Commission of such issues. The Commission shall publish its final regulatory analysis with the regulation.

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text:
Page:United States Statutes at Large Volume 95.djvu/739

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 713

"(2) The Commission shall not promulgate a regulation under this section unless it finds (and includes such finding in the regulation)— "(A) in the case of a regulation which relates to a risk of injury with respect to which persons who would be subject to such regulation have adopted and implemented a voluntary standard, that'll) compliance with such voluntary standard is not likely to result in the elimination or adequate reduction of such risk of injury; or "(ii) it is imlikely that there will be substantial compliance with such voluntary standard; "(B) that the benefits expected from the regulation bear a reasonable relationship to its costs; and "(C) that the regulation imposes the least burdensome requirement which prevents or adequately reduces the risk of injury for which the regulation is being promulgated. "(3)(A) Any regulatory analysis prepared under subsection (i) or paragraph (1) shall not be subject to independent judicial review, except that when an action for judicial review of a regulation is instituted, the contents of any such regulatory analysis shall constitute part of the whole rulemaking record of agency action in connection with such review. "(B) The provisions of subparagraph (A) shall not be construed to alter the substantive or procedural standards otherwise applicable to judicial review of any action by the Commission.". (c) Section 8 (15 U.S.C. 2057) is amended by striking out "propose and". PUBLIC DISCLOSURE OF INFORMATION

SEC. 1204. Section 6 (15 U.S.C. 2055) is amended to read as follows: " P U B L I C D I S C L O S U R E O F INFORMATION

"SEC. 6. (a)(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, United States Code, or which is otherwise protected by law from disclosure to the public. "(2) AU 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, United States Code, or subject to section 552(b)(4) of title 5, United States Code, 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) Mi. information that a manufacturer or private labeler has marked to be confidential and bsured 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 title 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 Commis-

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text:
Page:United States Statutes at Large Volume 95.djvu/740

 95 STAT. 714

PUBLIC LAW 97-35—AUG. 13, 1981 sion 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 of 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 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. "(b)(1) Except as provided by paragraph (2) 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 recisonable 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.

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text:
Page:United States Statutes at Large Volume 95.djvu/741

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 715

"(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 laay 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 12 (relating to imminently hazardous products), or 15 USC 2061. which the Commission has reasonable cause to believe is in violation of section 19 (relating to prohibited acts); or (B) information in the i^ use 2068. 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 15(b) respecting a consumer product unless— 15 USC 2064. "(A) the Commission has issued a complaint under section 15 (c) or (d) alleging that such product presents a substantial product hazard; "(B) in lieu of proceeding against such product under section 15 (c) or (d), the Commission has accepted in writing a remedial settlement agreement dealing with such product; or "(C) the person who submitted the information under section 15(b) 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 12, or which the Commission has reasonable cause to believe is in violation of section 19(a), 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.

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Page:United States Statutes at Large Volume 95.djvu/742

 95 STAT. 716

PUBLIC LAW 97-35—AUG. 13, 1981 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) 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)(1) For purposes of this section, the term 'Act' means the Consumer Product Safety Act, the Flammable Fabrics Act, the Poison Prevention Packaging Act, and the Federal Hsizardous Substances Act. "(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.". ADVISORY COUNCILS

Repeals.

7 USC 135 353 362 15 USC 1261, 1475, 1476, 1471 note.

SEC. 1205. (a)(1) Section 28 (15 U.S.C. 2077) is repealed. (2) Subsection (d) of section 12 (15 U.S.C. 2061) is repealed and subsections (e) and (f) are redesignated as subsections (d) and (e), respectively. (b) Section 17 of the Flammable Fabrics Act (15 U.S.C. 1204) is repealed. (c) Section 6 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1475) is repealed and sections 7, 8, and 9 of such Act are redesignated as sections 6,7, and 8, respectively. CHRONIC HAZARDS

SEC. 1206. (a) The following section is inserted after section 27: "CHRONIC HAZARD ADVISORY PANEL

15 USC 2077. Post, p. 717.

^

"SEC. 28. (a) The Commission shall appoint Chronic Hazard Advisory Panels (hereinafter referred to as the Panel or Panels) to advise the Commission in accordance with the provisions of section 31(b) respecting the chronic hazards of cancer, birth defects, and gene mutations associated with consumer products. "(b) Each Panel shall consist of 7 members appointed by the Commission from a list of nominees who shall be nominated by the President of the National Academy of Sciences from scientists— "(1) who are not officers or employees of the United States, and who do not receive compensation from or have any substantial financial interest in any manufacturer, distributor, or retailer of a consumer product; and "(2) who have demonstrated the ability to critically assess chronic hazards and risks to human health presented by the exposure of humans to toxic substances or as demonstrated by the exposure of animals to such substances. The President of the National Academy of Sciences shall nominate for each Panel a number of individuals equal to three times the number of members to be appointed to the Panel.

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Page:United States Statutes at Large Volume 95.djvu/743

 PUBLIC LAW 97-35—AUG. 13, 1981 "(c) The Chairman and Vice Chairman of the Panel shall be elected from among the members and shall serve for the duration of the Panel. "(d) Decisions of the Panel shall be made by a majority of the Panel. "(e) The Commission shall provide each Panel with such administrative support services as it may require to carry out its duties under section 31. "(f) A member of a Panel appointed under subsection (a) shall be paid at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule for each day (including traveltime) during which the member is engaged in the actual performance of the duties of the Panel. "(g) Each Panel shall request information and disclose information to the public, as provided in subsection (h), only through the Commission. "(h)(1) Notwithstanding any statutonr restriction on the authority of agsncies and departments of the Federal Government to share information, such agencies and departments shall provide the Panel with such information and data as each Panel, through the Commission, may request to carry out its duties under section 31. Each Panel may request information, through the Commission, from States, industry and other private sources as it may require to carry out its responsibilities. (2) Section 6 shall apply to the disclosure of information by the Panel but shall not apply to the disclosure of information to the Panel.". (b) Section 31 (15 U.S.C. 2080) is amended by inserting "(a)" after ,"SEC. 31." and by adding at the end the following: "(b)(1) The Commission may not issue an advance notice of proposed rulemaking for— "(A) a consumer product safety rule, "(B) a rule under section 27(e), or "(C) a regulation under section 2(q)(l) of the Federal Hazardous Substances Act, relating to a risk of cancer, birth defects, or gene mutations from a consumer product unless a Chronic Hazard Advisory Panel, established under section 28, has, in accordance with paragraph (2), submitted a report to the Commission with respect to whether a substance contained in such product is a carcinogen, mutagen, or teratogen. "(2)(A) Before the Commission issues an advance notice of proposed rulemaking for— "(i) a consumer product safety rule, "(ii) a rule under section 27(e), or "(iii) a regulation under section 2(q)(l) of the Federal Hazardous Substances Act, relating to a risk of cancer, birth defects, or gene mutations from a consumer product, the Commission shall request the Panel to review the scientific data and other relevant information relating to such risk to determine if any substance in the product is a carcinogen, mutagen, or a teratogen and to report its determination to the Commission. "(B) When the Commission appoints a Panel, the Panel shall convene within 30 days after the date the final appointment is made to the Panel. The Panel shall report its determination to the Commission not later than 120 days after the date the Panel is convened or, if the Panel requests additional time, within a time period specified by the Commission. If the determination reported to the Commission

95 STAT. 717

^^te, p. 713.

15 USC 2076. 15 USC 1261. Ante, p. 716.

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Page:United States Statutes at Large Volume 95.djvu/744

 95 STAT. 718

Ante, p. 716. 5 USC app.

PUBLIC LAW 97-35—AUG. 13, 1981 states that a substance in a product is a carcinogen, mutagen, or a teratogen, the Panel shall include in its report an estimate, if such an estimate is feasible, of the probable harm to human health that will result from exposure to the substance. "(C) A Panel appointed under section 28 shall terminate when it has submitted its report unless the Commission extends the existence of the Panel. "(D) The Federal Advisory Committee Act shall not apply with respect to any Panel established under this section. "(c) Each Panel's report shall contain a complete statement of the basis for the Panel's determination. The Commission shall consider the report of the Panel and incorporate such report into the advance notice of proposed rulemaking and final rule.". CONGRESSIONAL VETO

SEC. 1207. (a) The Consumer Product Safety Act is amended by adding at the end the following new section: "CONGRESSIONAL VETO OF CONSUMER PRODUCT SAFETY RULES

15 USC 2083. Ante, p. 704.

"SEC. 36. (a) The Commission shall transmit to the Secretary of the Senate and the Clerk of the House of Representatives a copy of any consumer product safety rule promulgated by the Commission under section 9. "(b) Any rule specified in subsection (a) shall not take effect if— "(1) within the 90 calendar days of continuous session of the Congress which occur after the date of the promulgation of such rule, both Houses of the Congress adopt a concurrent resolution, the matter after the resolving clause of which is as follows (with the blank spaces appropriately filled): 'That the Congress disapproves the consumer product safety rule which was promulgated by the Consumer Product Safety Commission with respect to and which was transmitted to the Congress on and disapproves the rule for the following reasons: .'; or "(2) within the 60 calendar days of continuous session of the Congress which occur after the date of the promulgation of such rule, one House of the Congress adopts such concurrent resolution and transmits such resolution to the other House and such resolution is not disapproved by such other House within the 30 calendar days of continuous session of the Congress which occur after the date of such transmittal. "(c) Congressional inaction on, or rejection of, a concurrent resolution of disapproval under this section shall not be construed as an expression of approval of the rule involved, and shall not be construed to create any presumption of validity with respect to such rule. "(d) For purposes of this section— "(1) continuity of session is broken only by an adjournment of the Congress sine die; and "(2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the periods of continuous session of the Congress specified in subsection (b).". (b) Subsection (1) of section 27 (15 U.S.C. 2076) is repealed. (c) The Federal Hazardous Substances Act is amended by adding at the end the following new section:

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Page:United States Statutes at Large Volume 95.djvu/745

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 719

"CONGRESSIONAL VETO OF REGULATIONS

"SEC. 21. (a) The Consumer Product Safety Commission shall transmit to the Secretary of the Senate and the Clerk of the House of Representatives a copy of any regulation promulgated by the Commission under section 2(q)(l) or subsection (e) of section 3. "(b) Any regulation specified in subsection (a) shall not take effect if— "(1) within the ninety calendar days of continuous session of the Congress which occur after the date of the promulgation of such regulation, both Houses of the Congress adopt a concurrent resolution, the matter after the resolving clause of which is as follows (with the blank spaces appropriately filled): 'That the Congress disapproves the regulation which was promulgated under the Federal Hazardous Substances Act by the Consumer Product Safety Commission with respect to and which was transmitted to the Congress on and disapproves the regulation for the following reasons: .'; or (2) within the sixty calendar days of continuous session of the Congress which occur after the date of the promulgation of such regulation, one House of the Congress adopts such concurrent resolution and transmits such resolution to the other House and such resolution is not disapproved by such other House within the thirty calendar days of continuous session of the Congress which occur after the date of such transmittal. "(c) Congressional inaction on, or rejection of, a concurrent resolution of disapproval under this section shall not be construed as an expression of approval of the regulation involved, and shall not be construed to create any presumption of validity with respect to such regulation. (d) For purposes of this section— "(1) continuity of session is broken only by an adjournment of the Congress sine die; and "(2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the periods of continuous session of the Congress specified in subsection (b).". (d) The Flammable Fabrics Act is amended by adding at the end the following new section:

15 USC 1276. 15 USC 1261, ^^^^

Ante, p. 716.

"CONGRESSIONAL VETO OF FLAMMABILITY REGULATIONS

"SEC. 17. (a) The Consumer Product Safety Commission shall 15 USC 1204. transmit to the Secretary of the Senate and the Clerk of the House of Representatives a copy of any flammability regulation promulgated by the Commission under section 4. 15 USC 1193. "(b) Any regulation specified in subsection (a) shall not take effect if— "(1) within the ninety calendar days of continuous session of the Congress which occur after the date of the promulgation of such regulation, both Houses of the Congress adopt a concurrent resolution, the matter after the resolving clause of which is as follows (with the blank spaces appropriately filled): 'That the Congress disapproves the flammability regulation which was promulgated under the Flammable Fabrics Act by the Consumer Product Safety Commission with respect to and which was transmitted to the Congress on and disapproves the regulation for the following reasons: .'; or

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Page:United States Statutes at Large Volume 95.djvu/746

 95 STAT. 720

PUBLIC LAW 97-35—AUG. 13, 1981 "(2) within the sixty calendar days of continuous session of the Congress which occur after the date of the promulgation of such regulation, one House of the Congress adopts such concurrent resolution and transmits such resolution to the other House and such resolution is not disapproved by such other House within the thirty calendar days of continuous session of the Congress which occur after the date of such transmittal. "(c) Congressional inaction on, or rejection of, a concurrent resolution of disapproval under this section shall not be construed as an expression of approval of the regulation involved, and shall not be construed to create any presumption of validity with respect to such regulation. (d) For purposes of this section— "(1) continuity of session is broken only by an adjournment of the Congress sine die; and "(2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the periods of continuous session of the Congress specified in subsection (b).". REPORTS

SEC. 1208. (a) Section 27(b)(l) (15 U.S.C. 2076(b)(l)) is amended by inserting "to carry out a specific regulatory or enforcement function of the (Commission" after *7nay prescribe". (b) Section 27(b) is amended by adding after and below paragraph (9) the following: "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.". VOLUNTARY STANDARDS

SEC. 1209. (a) Section 5(a) (15 U.S.C. 2054(a)) is amended by— (1) striking "and" after paragraph (1); (2) striking the period sdfter paragraph (2) and inserting in lieu thereof a semicolon; and (3) adding at the end thereof the following: "(3) following publication of an advance notice of proposed rulemaking or a notice of proposed rulemaking for a product safety rule under any rulemaking authority administered by the (Commission, assist public and private organizations or groups of manufacturers, administratively and technically, in the development of safety standards addressing the risk of injury identified in such notice; and "(4) to the extent practicable and appropriate (taking into account the resources and priorities of the Commission), assist public and private organizations or groups of manufacturers, administratively and technically, in the development of product safety standards and test methods.". (b) Section 50t)) (15 U.S.C. 20540t>)) is amended by amending paragraph (3) to read as follows: "(3) offer training in product safety investigation and test methods.". (c) Section 27(j) (15 U.S.C. 2076(j)) is amended—

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Page:United States Statutes at Large Volume 95.djvu/747

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 721

(1) by striking "and" at the end of paragraph (9); (2) by redesignating paragraph (10) as paragraph (11); and (3) by inserting immediately after paragraph (9) the following: "(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 of 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". PETITIONS TO COMMISSION

SEC. 1210. Section 10 (15 U.S.C. 2059) is repealed.

Repeal.

MISCELLANEOUS

SEC. 1211. (a) The first sentence of section 24 (15 U.S.C. 2073) is eunended by inserting "(including any individual or nonprofit, business, or other entity) after "interested person". 0)) Section 13 (15 U.S.C. 2062) is repealed. Repeal. (c)(1) Section 20 is amended by— (A) redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (B) by inserting after subsection (a) the following: "(b) In determining the amount of any penalty to be sought upon commencing an action seeking to assess a penalty for a violation of section 19(a), the Commission shall consider the nature of the product 15 USC 2068. defect, the severity of the risk of injury, the occurrence or absence of injury, the number of defective products distributed, and the appropriateness of such penalty in relation to the size of the business of the person charged.". (2) The second sentence of section 20(c) (as so redesignated by subsection (a)(1) of this section) (15 U.S.C. 2069) is amended to read as follows: "In determining the amount of such penalty or whether it should be remitted or mitigated and in what simount, the Commission shall consider the appropriateness of such penalty to the size of the business of the person charged, the nature of the product defect, the severity of the risk of iiyury, the occurrence or absence of injury, and the number of defective products distributed.". (d) Section 27 (15 U.S.C. 2076) is amended by striking out subsection (m). (e) The last sentence of section 14(a) of the Flammable Fabrics Act (15 U.S.C. 1201(a)) is repealed. (fKD Section 15 of the Federal Hazardous Substances Act (15 U.S.C. 1274) is amended to read as follows:

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Page:United States Statutes at Large Volume 95.djvu/748

 95 STAT. 722

PUBLIC LAW 97-35—AUG. 13, 1981 "NOTICE AND REPAIR, REPLACEMENT, OR REFUND

19 USC 1202 ^°^-

"SEC. 15. (a) If any article or substance sold in commerce is defined as a banned hazardous substance (whether or not it was such at the time of its sale) and the Commission determines (after affording interested persons, including consumers and consumer organizations, an opportunity for a hearing) that notification is required to adequately protect the public from such article or substance, the Commission may order the manufacturer or any distributor or deader of the article or substance to take any one or more of the following actions: "(1) To give public notice that the article or substance is a banned hazardous substance. "(2) To mail such notice to each person who is a manufacturer, distributor, or dealer of such article or substance. "(3) To mail such notice to every person to whom the person giving the notice knows such article or substance was delivered or sold. An order under this subsection shall speciiy the form and content of any notice required to be given under the order. (b) If any article or substance sold in commerce is defined as a banned hazardous substance (whether or not it was such at the time of its sale) and the Commission determines (after affording interested persons, including consumers and consumer organizations, an opportunity for a hearing) that action under this subsection is in the public interest, the Consumer Product Safety Commission may order the manufacturer, distributor, or dealer to take whichever of the following actions the person to whom the order is directed elects: "(1) If repairs to or changes in the article or substance may be made so that it will not be a banned hazardous substance, to make such repairs or changes. "(2) To replace such article or substance with a like or equivalent article or substance which is not a banned hazardous substance. "(3) To refund the purchase price of the article or substance (less a reasonable allowance for use, if the article or substance has been in the possession of the consumer for one year or more— "(A) at the time of public notice under subsection (a), or "(B) at the time the consumer receives actual notice that the article or substance is a banned hazardous substance, whichever first occurs). An order under this subsection may also require the peison to whom it applies to submit a plan, satisfactory to the Commission, for taking the action which such person has elected to take. The Commission shall specify in the order the persons to whom refunds must be made if the person to whom the order is directed elects to take the action described in paragraph (3). If an order under this subsection is directed to more than one person, the Commission shall specify which person has the election under this subsection. An order under this subsection may prohibit the person to whom it applies from manufacturing for sale, oflfering for sale, distributing in commerce, or importing into the customs territory of the United States (as defined in general headnote 2 to the Tariff Schedules of the United States), or from doing any combination of such actions, with respect to the article or substance with respect to which the order was issued. "(c)(1) No charge shall be made to any person (other than a manufacturer, distributor, or dealer) who avails himself of any

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Page:United States Statutes at Large Volume 95.djvu/749

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 723

remedy provided under an order issued under subsection (b), and the person subject to the order shall reimburse each person (other than a manufacturer, distributor, or dealer) who is entitled to such a remedy for any reasonable and foreseeable expenses incurred by such person in availing himself of such remedy. "(2) An order issued under subsection (a) or (b) with respect to an article or substance may require any person who is a manufacturer, distributor, or dealer of the article or substance to reimburse any other person who is a manufacturer,' distributor, or dealer of such article or substance for such other person's expenses in connection with carrying out the order, if the Commission determines such reimbursement to be in the public interest. "(d) An order under subsection (a) or (b) may be issued only after an opportunity for a hearing in accordance with section 554 of title 5, United States Code, except that, if the Commission determines that any person who wishes to participate in such hearing is a part of a class of participants who share an identity of interest, the Commission may limit such person's participation in such hearing to participation through a single representative designated by such class (or by the Commission if such class fails to designate such a representative).". (2) Section 4 of the Federal Hazardous Substances Act (15 U.S.C. 1263) is amended by adding at the end the following: "(j) The failure to comply with an order issued under section 15.". ^"^te, p. 722. (g) The table of contents is amended by striking out the items relating to sections 13 and 28, and inserting in lieu thereof the following: "Sec. 13. Repealed."

and "Sec. 28. Chronic hazards advisory panel.",

respectively. (h)(1) Section 11(c) (15 U.S.C. 2060(c)) is amended by striking out "section 9(c)" and inserting in lieu thereof "sections 9(f)(1) and 9(f)(3)". (2) Section 11(a) is amended by striking out "9(a)(2)" and inserting in lieu thereof "9(d)(2)". (3)(A) Section 11 is amended by adding at the end thereof the following: "(f) For purposes of this section and sections 23(a) and 24, a reasonable attorney's fee is a fee (1) which is based upon (A) the actual time expended by an attorney in providing advice and other legal services in connection with representing a person in an action brought under this section, and (B) such reasonable expenses as may be incurred by the attorney in the provision of such services, and (2) which is computed at the rate prevailing for the provision of similar services with respect to actions brought in the court which is awarding such fee.". (B) Section 23(a) (15 U.S.C. 2072(a)) is amended by striking out "10(e)(4)" and inserting in lieu thereof "11(f)". (C) Section 24 (15 U.S.C. 2074) is amended by striking out "10(e)(4)" 15 USC 2073. and inserting in lieu thereof "11(f)". (4) Section 15(g)(1) (15 U.S.C. 2064(g)(1)) is amended by inserting ", Science and Transportation" immediately after "on Commerce", and by striking out "section 12(e)(1)" and inserting in lieu thereof "section 12(c)(1)".

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Page:United States Statutes at Large Volume 95.djvu/750

 95 STAT. 724

PUBLIC LAW 97-35—AUG. 13, 1981 LAWN MOWER STANDARD

15 USC 2051 note. Study and report.

SEC. 1212. (a) Not later than 90 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall amend its consumer product safety standard for walk-behind power lawn mowers to provide that a manually started rotary t3rpe lawn mower which has a blade control system which meets the requirements of the standard relating to blade controls (16 CFR 1205.5) except that the system stops the engine and requires a manual restart of the engine shall be considered in compliance with such requirements if the engine starting controls for the lawn mower are located within twenty-four inches from the top of the mower's handles or the mower has a protective foot shield which extends three hundred and sixty degrees around the mower housing. The Consumer Product Safety Act shall not apply with respect to the promulgation of the amendment prescribed by this subsection. (b) The Commission shall conduct a study of the effect on consumers of the amendment prescribed by subsection (a) and shall report the results of such study two years after the date the standard, as amended in accordance with suDsection (a), takes effect. The Commission may not amend the amendment prescribed by subsection (a) before the report is filed under this subsection. AMUSEMENT PARKS

SEC. 1213. Section 3(a)(l) (15 U.S.C. 2052(a)(l)) is amended by inserting before the sentence following subparagraph (I) the following: "Such term includes any mechanical device which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, which is customarily controlled or directed by an individual who is employed for that purpose and who is not a consumer with respect to such device, and which is not permanently fixed to a site. Such term does not include such a device which is permanently fixed to a site.". EXTENSION OF ACT

SEC. 1214. Section 32(a) (15 U.S.C. 2081(a)) is amended (1) by striking out "and" at the end of paragraph (6), (2) by striking out the period at the end of paragraph (7) and inserting a semicolon, and (3) by adding at the end the following: "(8) $33,000,000 for the fiscal year ending September 30, 1982; and "(9) $35,000,000 for the fiscal year ending September 30, 1983. For payment of accumulated and accrued leave under section 5551 of title 5, United States Code, severance pay under section 5595 under such title, and any other expense related to a reduction in force in the Commission, there are authorized to be appropriated such sums as may be necessary.". EFFECTIVE DATE 15 USC 2052 note.

15 USC 1261 note. 15 USC 1191 note.

SEC. 1215. (a) Except as provided in subsection (b), the amendments made by this subtitle shall take effect on the date of the enactment of this Act. (b) The amendments made by section 1207 shall apply with respect to consumer product safety rules under the Consumer Product Safety Act and regulations under the Federal Hazardous Substances Act and the Flammable Fabrics Act promulgated by the Consumer

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Page:United States Statutes at Large Volume 95.djvu/751

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 725

Product Safety Commission after the date of the enactment of this Act; and the amendments made by sections 1202, 1203, and 1206 of this subtitle shall apply with respect to regulations under the Consumer Product Safety Act, the Federal Hazardous Substances is use 205i Act, and the Flammable Fabrics Act for which notices of proposed ^ffjon IOAI rulemaking are issued after August 14, 1981. note.

Subtitle B—Communications CHAPTER 1-PUBLIC BROADCASTING SHORT TITLE

15 USC 1191 note.

Public Broadcasting Amendments Act of 1981.

SEC. 1221. This chapter may be cited as the "Public Broadcasting 47 USC 609 note. Amendments Act of 1981". AUTHORIZATION OP APPROPRIATIONS FOR PUBLIC TELECOMMUNICATIONS FACILITIES

SEC. 1222. Section 391 of the Communications Act of 1934 (47 U.S.C. 391) is amended by inserting after "1981," the following: "$20,000,000 for fiscal year 1982, $15,000,000 for fiscal year 1983, and $12,000,000 for fiscal year 1984,". GRANTS FOR CONSTRUCTION AND PLANNING

SEC. 1223. (a) Section 392(a)(4) of the Communications Act of 1934 (47 U.S.C. 392(a)(4)) is amended by striking out "only" and inserting in lieu thereof "primarily", and by inserting before the semicolon at the end thereof the following: ", and that the use of such public telecommunications facilities for purposes other than the provision of public telecommunications services will not interfere with the provision of such public telecommunications services as required in this part". (b) Section 392(g)(2) of the Communications Act of 1934 (47 U.S.C. 392(g)(2)) is amended— (1) by striking out "only" and inserting in lieu thereof "primarily"; and (2) by striking out "(unless" and all that follows through "do so)" and inserting in lieu thereof the following: "(or the use of such public telecommunications facilities for purposes other than the provision of public telecommunications services interferes with the provision of such public telecommunications services as required in this part)". DECLARATION OF POLICY REGARDING CORPORATION

SEC. 1224. Section 396(a)(5) of the Communications Act of 1934 (47 U.S.C. 396(a)(5)) is amended by striking out "and", and by inserting before the semicolon at the end thereof the following: ", and which will constitute a source of alternative telecommunications services for all the citizens of the Nation". BOARD OF DIRECTORS OF CORPORATION

SEC. 1225. (a)(1) Section 396(c) of the Communications Act of 1934 (47 U.S.C. 396(c)) is amended to read as follows:

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Page:United States Statutes at Large Volume 95.djvu/752

 95 STAT. 726

PUBLIC LAW 97-35—AUG. 13, 1981 "Board of Directors

"(c)(1) The Corporation for Public Broadcasting shall have a Board of Directors (hereinafter in this section referred to as the 'Board'), consisting of 10 members appointed by the President, by and with the advice and consent of the Senate, and the President of the Corporation. No more than 6 members of the Board appointed by the President may be members of the same political party. The President of the Corporation shall serve as the Chairman of the Board. "(2) The 10 members of the Board appointed by the President (A) shall be selected from among citizens of the United States (not regular full-time employees of the United States) who are eminent in such fields as education, cultural and civic affairs, or the arts, including radio and television; and (B) shall be selected so as to provide as nearly as practicable a broad representation of various regions of the Nation, various professions and occupations, and various kinds of talent and experience appropriate to the functions and responsibilities of the Corporation. "(3) Of the members of the Board appointed by the President under paragraph (1), one member shall be selected from among individuals who represent the licensees and permittees of public television stations, and one member shall be selected from among individuals who represent the licensees and permittees of public radio stations. "(4) The members of the initial Board of Directors shall serve as incorporators and shall take whatever actions are necessary to establish the Corporation under the District of Columbia Nonprofit DC. Code Corporation Act. 29-1001. "(5) rpjjg term of office of each member of the Board appointed by the President shall be 5 years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. No member of the Board shall be eligible to serve in excess of 2 consecutive terms of 5 years each. "(6) Any vacancy in the Board shall not affect its power, but shall be filled in the manner consistent with this Act. "(7) Members of the Board shall attend not less than 50 percent of all duly convened meetings of the Board in any calendar year. A member who fails to meet the requirement of the preceding sentence shall forfeit membership and the President shall appoint a new member to fill such vacancy not later than 30 days after such vacancy is determined by the Chairman of the Board.". 47 USC 396 note. (2)(A) The amendment made in paragraph (1) shall not affect the continuation in office of any individual serving on the Board of Directors of the Corporation for Public Broadcasting on the date of the enactment of this Act. (B) The first 5 vacancies occurring on the Board after October 1, 1983 (other than any vacancy in the office of Chairman) shall not be filled, so as to reduce the membership of the Board to 10 members in addition to the Chairman of the Board. (b) Section 396(d) of the Communications Act of 1934 (47 U.S.C. 396(d)) is amended to read as follows: "Election of Vice Chairman; Compensation "(d)(1) Members of the Board shall annually elect one or more of their members as a Vice Chairman or Vice Chairmen. "(2) The members of the Board shall not, by reason of such membership, be deemed to be officers or employees of the United

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Page:United States Statutes at Large Volume 95.djvu/753

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 727

States. They shall, while attending meetings of the Board or while engaged in duties related to such meetings or other activities of the Board pursuant to this subpart, be entitled to receive compensation at the rate of $150 per day, including traveltime. No Board member shall receive compensation of more than $10,000 in any fiscal year. While away from their homes or regular places of business. Board members shall be allowed travel and actual, reasonable, and necessary expenses.". (c) Section 396(e)(l) of the Communications Act of 1934 (47 U.S.C. 396(e)(l)) is amended— (1) by striking out "the Chairman and any" and inserting in lieu thereof "a"; and (2) by inserting "for services rendered" after "Corporation" the sixth time it appears therein. REPORT TO CONGRESS

SEC. 1226. Section 396(i)(l) of the Communications Act of 1934 (47 U.S.C. 396(i)(l)) is amended by striking out "February" and inserting in lieu thereof "May". FINANCING; COMMUNITY ADVISORY BOARDS

SEC. 1227. (a) Section 396(k)(l)(C) of the Communications Act of 1934 (47 U.S.C. 396(k)(l)(C)) is amended— (1) by striking out "and" each place it appears therein; (2) by inserting "1984, 1985, and 1986," after "1983,"; and (3) by inserting before the period at the end thereof the following: ", and $130,000,000 for each of the fiscal years 1984, 1985, and 1986". (b) Section 396(k)(2)(B) of the Communications Act of 1934 (47 U.S.C. 396(k)(2)(B)) is amended— (1) by striking out "quarterly" and inserting in lieu thereof "fiscal year"; and (2) by striking out ", in such amounts" and all that follows through "quarter". (c)(1) Section 396(k)(3)(A) of the Communications Act of 1934 (47 U.S.C. 396(k)(3)(A)) is amended to read as follows: "(3)(A)(i) The Corporation shall establish an annual budget for use in allocating amounts from the Fund. Of the amounts appropriated into the Fund available for allocation for any fiscal year— "(I) not more than 5 percent of such amounts shall be available for the administrative expenses of the Corporation; "(II) not less than 5 percent of such amounts shall be available for other expenses incurred by the Corporation, including research, training, technical assistance, engineering, instructional support, payment of interest on indebtedness, capital costs relating to telecommunications satellites, the payment of programming royalties and other fees, and the costs of interconnection facilities and operations (as provided in clause (ivXD), except that the total amount available for obligation for any fiscal year under this subclause and subclause (I) shall not exceed 10 percent of the amounts appropriated into the Fund available for allocation for such fiscal year; "(III) 75 percent of the remainder (after allocations are made under subclause (I) and subclause (II)) shall be allocated in accordance with clause (iiXD; and

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Page:United States Statutes at Large Volume 95.djvu/754

 95 STAT. 728

PUBLIC LAW 97-35—AUG. 13, 1981 "(IV) 25 percent of such remainder shall be allocated in accordance with clause (iii). "(ii) Of the amounts allocated under clause (i)(III) for any fiscal year— "(I) 75 percent of such amounts shall be available for distribution among the licensees and permittees of public television stations pursuant to paragraph (6)(B); and "(II) 25 percent of such amounts shall be available for distribution under subparagraph (B)(i) for public television programming, "(iii) Of the amounts allocated under clause (i)(IV) for any fiscal year— "(I) not less than 50 percent of such amounts (as determined under paragraph (6)(A)) shall be available for distribution among the licensees and permittees of public radio stations pursuant to paragraph (6)(B); and "(II) not more than 50 percent of such amounts (as determined under paragraph (6)(A)) shall be available for distribution under subparagraph (B)(i) for public radio. "(ivXI) Subject to the provisions of clause (v), the Corporation shall defray an amount equal to 50 percent of the total costs of interconnection facilities and operations to facilitate the availability of public television and radio programs among public broadcast stations. "(II) Of the amounts received as the result of any contract, lease agreement, or any other arrangement under which the Corporation directly or indirectly makes available interconnection facilities, 50 percent of such amounts shall be distributed to the licensees and permittees of public television stations and public radio stations. The Corporation shall not have any authority to establish any requirements, guidelines, or limitations with respect to the use of such amounts by such licensees and permittees. "(v) If the expenses incurred by the Corporation under clause (i)(II) for any fiscal year for— "(I) capital costs relating to telecommunications satellites; "(II) the payment of programming royalties and other fees; and "(III) the costs of interconnection facilities and operations (as provided in clause (iv)); exceed 6 percent of the amounts appropriated into the Fund available for allocation for such fiscal year, then 75 percent of such excess costs shall be defrayed by the licensees and permittees of public television stations from amounts available to such licensees and permittees under clause (ii)(I) and 25 percent of such excess costs shall be defrayed by the licensees and permittees of public radio stations from amounts available to such licensees and permittees under clause (iiiXI).". (2) Section 396(k)(3)(B)(i) of the Communications Act of 1934 (47 U.S.C. 396(k)(3)(B)(i)) is amended to read as follows: "(B)(i) The Corporation shall utilize the funds allocated pursuant to subparagraph (A)(ii)(II) and subparagraph (A)(iiiXII), and a significant portion of such other funds as may be available to the Corporation, to make grants and contracts for production of public television or radio programs by independent producers and production entities and public telecommunications entities, and for acquisition of such programs by public telecommunications entities. Of the funds utilized pursuant to this clause, a substantial amount shall be reserved for distribution to independent producers and production entities for the production of programs.".

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Page:United States Statutes at Large Volume 95.djvu/755

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 729

(3) Section 396(kK3XB) of the Communications Act of 1934 (47 U.S.C. 396(k)(3)(B)) is amended— (A) in clause (ii) thereof, by striking out "contained in the annual budget established by the Corporation under clause (i)" and inserting in lieu thereof "available for distribution under clause (i)"; and (B) by striking out clause (iii) and clause (iv) thereof. (4) The amendments made in this subsection shall apply to fiscal 47 USC 396 note. years beginning after September 30, 1983. (d)(1) Section 396(k)(6)(A) of the Communications Act of 1934 (47 U.S.C. 396(k)(6)(A)) is amended to read as follows: "(6)(A) The Corporation, in consultation with public radio stations and with National Public Radio (or any successor organization), shall determine the percentage of funds allocated under subclause (I) and subclause (II) of paragraph (3)(A)(iii) for each fiscal year. The Corporation, in consultation with such organizations, also shall conduct an annual review of the criteria and conditions applicable to such allocations.". (2) Section 396(k)(6)(B) of the Communications Act of 1934 (47 U.S.C. 396(k)(6)(B)) is amended— (A) by striking out the first sentence thereof; (B) in the second sentence thereof, by inserting "under paragraph (3)(A)(iiXI)" after "stations"; and (C) in the last sentence thereof, by inserting "under paragraph (3)(A)(iiiXI)" after "radio stations^'. (3) The amendments made in this subsection shall apply to fiscal 47 USC 396 note. years beginning after September 30, 1983. (e) Section 396(k)(7) of the Communications Act of 1934 (47 U.S.C. 396(k)(7)) is amended to read as follows: "(7) The funds distributed pursuant to paragraph (3)(A) may be used at the discretion of the recipient for purposes related primarily to the production or acquisition of programming.". (f) Section 396(k)(8) of the Communications Act of 1934 (47 U.S.C. 396(k)(8)) is amended to read as follows: "(8) Any public telecommunications entity which— "(A) receives any funds pursuant to this subpart for any fiscal year; and "(B) during such fiscal year has filed or was required to file a return with the Internal Revenue Service declaring unrelated business income related to station operations under sections 501, 511, and 512 of the Internal Revenue Code of 1954; 26 USC 50i, 5ii, 512. shall refund to the Corporation an amount e^ual to the amount of unrelated business income tax paid as stated m such filed return.". (g)(1) Section 396(k)(9)(A) of the Communications Act of 1934 (47 U.S.C. 396(k)(9)(A)) is amended— (A) by inserting "(other than any station which is owned and operated by a State, a political or special purpose subdivision of a State, or a public agency)" after "public broadcast station"; (B) by inserting after "assure that" the following: "(i) its advisory board meets at regular intervals; (ii) the members of its advisory board regularly attend the meetings of the advisory board; and (iii)"; and (C) by striking out "reasonably reflects" and inserting in lieu thereof "are reasonably representative of. (2) Section 396(k)(9)(D) of the Communications Act of 1934 (47 U.S.C. 396(k)(9)CD)) is amended by inserting "(other than any station which is owned and operated by a State, a political or special purpose

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Page:United States Statutes at Large Volume 95.djvu/756

 95 STAT. 730

PUBLIC LAW 97-35—AUG. 13, 1981 subdivision of a State, or a public agency)" after "public broadcast station". (3) Section 396(k)(9)(E) of the Communications Act of 1934 (47 U.S.C. 396(k)(9)(E)) is amended by inserting "(other than any station which is owned and operated by a State, a political or special purpose subdivision of a State, or a public agency)" after "public broadcast station". RECORDS AND AUDIT

SEC. 1228. (a) Section 396(1)(1)(A) of the Communications Act of 1934 (47 U.S.C. 396(1)(1)(A)) is amended by inserting ", except that such requirement shall not preclude shared auditing arrangements between any public telecommunications entity and its licensee where such licensee is a public or private institution" after "United States". (b) Section 396(1)(3)(B) of the Communications Act of 1934 (47 U.S.C. 396(1)(3)(B)) is amended— (1) in clause (ii) thereof, by striking out "an annual" and inserting in lieu thereof "a biannual"; and (2) in clause (iii) thereof, by striking out "annually" and inserting in lieu thereof "biannually". EDITORIAUZING AND SUPPORT OP POLITICAL CANDIDATES PROHIBITED

SEC. 1229. Section 399 of the Communications Act of 1934 (47 U.S.C. 399) is amended to read as follows: "EDITORIAUZING AND SUPPORT OF POLITICAL CANDIDATES PROHIBITED

47 USC 396.

"SEC. 399. No noncommercial educational broadcasting station which receives a grant from the Corporation under subpart C of this part may engage in editorializing. No noncommercial educational broadcasting station may support or oppose any candidate for political office.". U S E O F BUSINESS OR INSTITUTIONAL LOGOGRAMS

SEC. 1230. Subpart D of part IV of title III of the Communications Act of 1934 (47 U.S.C. 397) is amended by adding at the end thereof the following new section: "USE OF BUSINESS OR INSTITUTIONAL LOGOGRAMS

"Business or lo^o *ram"^ 47^lfsc'399A.

"SEC. 399A: (a) For purposes of this section, the term 'business or institutional logogram means any aural or visual letters or words, or ^^Y symbol or sign, which is used for the exclusive purpose of identifying any corporation, company, or other organization, and which is not used for the purpose of promoting the products, services, or facilities of such corporation, company, or other organization. "(b) Each public television station and each public radio station shall be authorized to broadcast announcements which include the use of any business or institutional logogram and which include a reference to the location of the corporation, company, or other organization involved, except that such announcements may not interrupt regular programming. "(c) The provisions of this section shall not be construed to limit the authority of the Commission to prescribe regulations relating to the manner in which logograms may be used to identify corporations, companies, or other organizations.".

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Page:United States Statutes at Large Volume 95.djvu/757

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 731

OFFERING OF CERTAIN SERVICES, FACILITIES, OR PRODUCTS BY PUBUG BROADCAST STATIONS

SEC. 1231. Subpart D of part IV of title III of the Communications Act of 1934, as amended in section 1230, is further amended by adding at the end thereof the following new section: " OF F E R I N G OF CERTAIN SERVICES, F A C I U T I E S, OR PRODUCTS BY PUBLIC

BROADCAST STATIONS

"SEC. 399B. (a) For purposes of this section, the term 'advertise- "Advertisement." ment' means any message or other programming material which is ^^ ^^ ^^^^• broadcast or otherwise transmitted in exchange for any remuneration, and which is intended— "(1) to promote any service, facility, or product offered by any person who is engaged in such offering for profit; "(2) to express the views of any person with respect to any matter of public importance or interest; or "(3) to support or oppose any candidate for political office. "(b)(1) Except as provided in paragraph (2), each public broadcast station shall be authorized to engage in the offering of services, facilities, or products in exchange for remuneration. "(2) No public broadcast station may make its facilities available to any person for the broadcasting of any advertisement. "(c) Any public broadcast station which engages in any offering specified in subsection (b)(1) may not use any funds distributed by the Corporation under section 396(k) to defray any costs associated with 47 USC 396. such offering. Any such offering by a public broadcast station shall not interfere with the provision of public telecommunications services by such station. "(d) Each public broadcast station which engages in the activity specified in subsection (b)(1) shall, in consultation with the Corporation, develop an accounting system which is designed to identify any amounts received as remuneration for, or costs related to, such activities under this section, and to account for such amounts separately from any other amounts received by such station from any source.". STUDY ON A L T E R N A T IV E FINANCING FOR PUBLIC TELECOMMUNICATIONS

SEC. 1232. (a)(1) A study shall be conducted in accordance with the 47 USC 396 note. provisions of this section regarding options which may be available to public telecommunications entities, the Public Broadcasting Service, and National Public Radio with respect to the development of sources of revenue in addition to the sources of revenue available to such entities and organizations on the date of the enactment of this Act. Such study shall be completed not later than July 1, 1982, and a Report to report shall be submitted to the Congress in accordance with subsec- Congress. tion (i). (2) The study required in paragraph (1) shall seek to identify funding options which also will ensure that public telecommunications as a source of alternative and diverse programming will be maintained and enhanced, and that public telecommunications services will continue to expand and be available to increasing numbers of citizens throughout the Nation. (3) The studv required in paragraph (1), in examining funding alternatives, also shall seek to determine appropriate means for ensuring that the use of such funding alternatives does not interfere

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Page:United States Statutes at Large Volume 95.djvu/758

 95 STAT. 732

Temporary Commission on Alternative Financing for Public Telecommunications.

Definitions.

PUBLIC LAW 97-35-AUG. 13, 1981 with the content and quality of programming appearing on public television and radio. (b)(1) The study required in subsection (a)(1) shall be conducted by a commission to be known as the Temporary Commission on Alternative Financing for Public Telecommunications (hereinafter in this section referred to as the "Commission"). (2) The Commission shall consist of the Chairman of the Federal Communications Commission (or a member of the Commission designated by the Chairman); the Assistant Secretary of Commerce for Communications and Information (or his delegate); the heads of the Corporation for Public Broadcasting, National Public Radio, and the National Association of Public Television Stations (or their delegates); the Chairman and the ranking minority member of the Committee on Commerce, Science, and Transportation of the Senate (or any members of such committee designated by them); and the Chairman and ranking minority member of the Committee on Energy and Commerce of the House of Representatives (or any members of such committee designated by them). (3) In addition to the members of the Commission specified in paragraph (2), an officer or employee of a public television station and an officer or employee of a public radio station shall serve as members of the Commission. Such members shall be selected by the members of the Commission specified in paragraph (2). Such selection shall be made at the first meeting conducted by the Commission. (4) For purposes of this subsection, the terms "public television station" and public radio station" have the same meaning as the term "public broadcast station" in section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6)). (c) The members of the Commission shall serve without compensation, but the Federal Communications Commission shall make funds available to reimburse such members for travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Federal Government service are allowed expenses under section 5703 of title 5, United States Code. (d) The Chairman of the Federal Communications Commission (or the person designated by the Chsdrman under subsection (b)(2)) shall serve as Chairman of the Commission. (e) The Commission shall meet at the call of the Chairman or a majority of the members of the Commission. Six members of the Commission shall constitute a quorum. (f)(1) Upon request of the Commission, the Federal Communications Commission shall furnish the Commission with such personnel and support services as may be necessarv to assist the Commission in carrying out its duties and functions under this section. The Commission shall not be required to pay or reimburse the Federal Communications Commission for such personnel and support services. (2) The Assistant Secretary of Commerce for Communications and Information, and the heads of the Corporation for Public Broadcasting, the Public Broadcasting Service, National Public Radio, and the National Association of Public Television Stations, each are authorized to furnish the Commission with such personnel and support services as each such organization considers necessary or appropriate to assist the Commission in carrying out its duties and functions under this section. (g) The Commission shall have authority to hold such hearings, sit and act at such times and places, and take such testimony as the Commission considers advisable. The Commission shall seek to obtain the testimony and advice of business representatives, persons repre-

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