INFORMATION REPORTING TO CONSUMER PRODUCT SAFETY COMMISSION.

SEC. 112. INFORMATION REPORTING TO CONSUMER PRODUCT SAFETY COMMISSION. (a) Section 15(b) Reporting.—Section 15(b) (15 U.S.C. 2064(b)) is amended— (1) in paragraph (1), by striking “or” and inserting in lieu thereof “or with a voluntary consumer product safety standard upon which the Commission has relied under section 9;”; (2) in paragraph (2), by striking the comma and inserting in lieu thereof , or (3) by inserting immediately after paragraph (2) the following: “(3) creates an unreasonable risk of serious injury or death,”; (4) by striking “comply or of such defect,” and inserting in lieu thereof “comply, of such defect, or of such risk,”; and (5) by striking “defect or failure to comply.” and inserting in lieu thereof “defect, failure to comply, or such risk.”. (b) Information Reporting.—The Consumer Product Safety Act is amended by adding at the end the following new section: “information reporting “Sec. 37. (a) If a particular model of a consumer product is the subject of at least 3 civil actions that have been filed in Federal or State court for death or grievous bodily injury which in each of the 24-month periods defined in subsection (b) result in either a final settlement involving the manufacturer or a court judgment in favor of the plaintiff, the manufacturer of such product shall, in accordance with subsection (c), report to the Commission each such civil action within 30 days after the final settlement or court judgment in the third of such civil actions, and, within 30 days after any subsequent settlement or judgment in that 24-month period, any other such action. “(b) The 24-month periods referred to in subsection (a) are the 24-month period commencing on January 1, 1991, and subsequent 24-month periods beginning on January 1 of the calendar year that is two years following the beginning of the previous 24-month period. “(c) (1) The information required by subsection (a) to be reported to the Commission, with respect to each civil action described in subsection (a), shall include and in addition to any voluntary information provided under paragraph (2) shall be limited to the following: “(A) The name and address of the manufacturer. “(B) The model and model number or designation of the consumer product subject to the civil action. “(C) A statement as to whether the civil action alleged death or grievous bodily injury, and in the case of an allegation of grievous bodily injury, a statement of the category of such injury. “(D) A statement as to whether the civil action resulted in a final settlement or a judgment in favor of the plaintiff. “(E) in the case of a judgment in favor of the plaintiff, the name of the civil action, the number assigned the civil action, and the court in which the civil action was filed. “(2) A manufacturer furnishing the report required by paragraph (1) may include (A) a statement as to whether any judgment in favor of the plaintiff is under appeal or is expected to be appealed or (B) any other information which the manufacturer chooses to provide. 104 STAT. 3116 A manufacturer reporting to the Commission under subsection (a) need not admit or may specifically deny that the information it submits reasonably supports the conclusion that its consumer product caused a death or grievous bodily injury. “(3) No statement of the amount paid by the manufacturer in a final settlement shall be required as part of the report furnished under subsection (a), nor shall such a statement of settlement amount be required under any other section of this Act. “(d) The reporting of a civil action described in subsection (a) by a manufacturer shall not constitute an admission of— “(1) an unreasonable risk of injury, “(2) a defect in the consumer product which was the subject of such action, “(3) a substantial product hazard, “(4) an imminent hazard, or “(5) any other admission of liability under any statute or under any common law.”. “(e) For purposes of this section: “(1) A grievous bodily injury includes any of the following categories of injury: mutilation, amputation, dismemberment, disfigurement, loss of important bodily functions, debilitating internal disorder, severe bum, severe electric shock, and in-juries likely to require extended hospitalization. “(2) For purposes of this section, a particular model of a consumer product is one that is distinctive in functional design, construction, warnings or instructions related to safety, function, user population, or other characteristics which could affect the product’s safety related performance.”. (c) Section 6 (15 U.S.C. 2055) is amended by adding at the end the following: “(e) (1) Notwithstanding the provisions of section 552 of title 5, United States Code, subsection (a)(7) of this section, or of any other law, except as provided in paragraphs (2), (3), and (4), no member of the Commission, no officer or employee of the Commission, and no officer or employee of the Department of Justice may— “(A) publicly disclose information furnished under subsection (c)(1) or (c)(2)(A) of section 37; “(B) use such information for any purpose other than to carry out the Commission’s responsibilities; or “(C) permit anyone (other than the members, officers, and employees of the Commission or officers or employees of the Department of Justice who require such information for an action filed on behalf of the Commission) to examine such information. “(2) Any report furnished under subsection (c)(1) or (c)(2)(A) of section 37 shall be immune from legal process and shall not be subject to subpoena or other discovery in any civil action in a State or Federal court or in any administrative proceeding, except in an action against such manufacturer under section 20, 21, or 22 for failure to furnish information required by section 37. “(3) The Commission may, upon written request, furnish to any manufacturer or to the authorized agent of such manufacturer authenticated copies of reports furnished by or on behalf of such manufacturer in accordance with section 37, upon payment of the actual or estimated cost of searching the records and furnishing such copies. 104 STAT. 3117 “(4) Upon written request of the Chairman or Ranking Minority Member of the Committee on Commerce, Science, and Transportation of the Senate or the Committee on Energy and Commerce of the House of Representatives or any subcommittee of such committee, the Commission shall provide to the Chairman or Ranking Minority Member any information furnished to the Commission under section 37 for purposes that are related to the jurisdiction of such committee or subcommittee. “(5) Any officer or employee of the Commission or other officer or employee of the Federal Government who receives information provided under section 37, who willfully violates the requirements of this subsection shall be subject to dismissal or other appropriate disciplinary action consistent with procedures and requirements established by the Office of Personnel Management.”. (d) Prohibited Act.—Section 19(a) (15 U.S.C. 2068(a)) is amended by adding at the end the following new paragraph: “(11) fail to furnish information required by section 37.”. (e) Civil Penalties.—The second sentence of section 20(a)(1) (15 U.S.C. 2069(a)(1) is amended by striking “or (10)” and inserting in lieu thereof “(10), or (11)”. (f) Congressional Reports.— (1) The Consumer Product Safety Commission shall report to the Congress on the extent to which reports made to the Commission under section 37 of the Consumer Product Safety Act have assisted the Commission in carrying out its responsibilities under such Act. The report— (A) shall provide aggregate data and not the details and contents of individual reports filed with the Commission pursuant to such section 37, (B) shall not disclose the brand names of products included in reports under such section 15(b) or 37 or the number of reports under such sections for particular models or classes of products, and (C) shall include— (i) a comparison of the number of reports received under such section 37 and the number of reports received under section 15(b) of such Act, (ii) a comparison of the number of reports filed with the Commission before the date of the enactment of this Act and after such date, and (iii) the total number of settlements and court judgments reported under such section 37 and the total number of rulemakings and enforcement actions undertaken in response to such reports, (iv) recommendations of the Commission for additional improvements in reporting under the Consumer Product Safety Act. (2) The first report under paragraph (1) shall be due February 1, 1992, and the second such report shall be due April 1, 1993.