104 STAT. 3116 PUBLIC LAW 101-608 —NOV. 16, 1990 Confidential business information. Records. 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 burn, severe electric shock, and injuries 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.
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