§ 2054. — Product safety information and research.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2054]
TITLE 15--COMMERCE AND TRADE
CHAPTER 47--CONSUMER PRODUCT SAFETY
Sec. 2054. Product safety information and research
(a) Injury Information Clearinghouse; duties
The Commission shall--
(1) maintain an Injury Information Clearinghouse to collect,
investigate, analyze, and disseminate injury data, and information,
relating to the causes and prevention of death, injury, and illness
associated with consumer products;
(2) conduct such continuing studies and investigations of
deaths, injuries, diseases, other health impairments, and economic
losses resulting from accidents involving consumer products as it
deems necessary;
(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) Research, investigation and testing of consumer products
The Commission may--
(1) conduct research, studies, and investigations on the safety
of consumer products and on improving the safety of such products;
(2) test consumer products and develop product safety test
methods and testing devices; and
(3) offer training in product safety investigation and test
methods.
(c) Grants and contracts for conduct of functions
In carrying out its functions under this section, the Commission may
make grants or enter into contracts for the conduct of such functions
with any person (including a governmental entity).
(d) Availability to public of information
Whenever the Federal contribution for any information, research, or
development activity authorized by this chapter is more than minimal,
the Commission shall include in any contract, grant, or other
arrangement for such activity, provisions effective to insure that the
rights to all information, uses, processes, patents, and other
developments resulting from that activity will be made available to the
public without charge on a nonexclusive basis. Nothing in this
subsection shall be construed to deprive any person of any right which
he may have had, prior to entering into any arrangement referred to in
this subsection, to any patent, patent application, or invention.
(Pub. L. 92-573, Sec. 5, Oct. 27, 1972, 86 Stat. 1211; Pub. L. 97-35,
title XII, Sec. 1209(a), (b), Aug. 13, 1981, 95 Stat. 720.)
Amendments
1981--Subsec. (a)(3), (4). Pub. L. 97-35, Sec. 1209(a), added pars.
(3) and (4).
Subsec. (b)(3). Pub. L. 97-35, Sec. 1209(b), struck out provision
that the Commission may assist public and private organizations,
administratively and technically, in the development of safety standards
and test methods.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-35, effective Aug. 13, 1981, see section
1215 of Pub. L. 97-35, set out as a note under section 2052 of this
title.
Study of Aversive Agents
Pub. L. 101-608, title II, Sec. 204, Nov. 16, 1990, 104 Stat. 3124,
provided that: ``The Consumer Product Safety Commission shall conduct a
study of requiring manufacturers of consumer products to include
aversive agents, as appropriate, in products which present a hazard if
ingested to determine the potential effectiveness of the aversive agents
in deterring ingestion. In conducting the study, the Commission shall
consult with appropriate consumer, health, and business organizations
and appropriate government agencies. The Commission shall report to
Congress the status of the study within one year of the date of the
enactment of this Act [Nov. 16, 1990] and shall complete the study not
later than 2 years after such date of enactment.''
Fire Safe Cigarette Act of 1990
Pub. L. 101-352, Aug. 10, 1990, 104 Stat. 405, provided that:
``SECTION 1. SHORT TITLE; FINDINGS.
``(a) Short Title.--This Act may be cited as the `Fire Safe
Cigarette Act of 1990'.
``(b) Findings.--The Congress finds that--
``(1) cigarette-ignited fires are the leading cause of fire
deaths in the United States,
``(2) in 1987, there were 1,492 deaths from cigarette-ignited
fires, 3,809 serious injuries, and $395,000,000 in property damage
caused by such fires,
``(3) the final report of the Technical Study Group on Cigarette
and Little Cigar Fire Safety under the Cigarette Safety Act of 1984
[set out below] determined that (A) it is technically feasible and
may be commercially feasible to develop a cigarette that will have a
significantly reduced propensity to ignite furniture and mattresses,
and (B) the overall impact on other aspects of the United States
society and economy may be minimal,
``(4) the final report of the Technical Study Group on Cigarette
and Little Cigar Fire Safety under the Cigarette Safety Act of 1984
further determined that the value of a cigarette with less of a
likelihood to ignite furniture and mattresses which would prevent
property damage and personal injury and loss of life is economically
incalculable,
``(5) it is appropriate for the Congress to require by law the
completion of the research described in the final report of the
Technical Study Group on Cigarette and Little Cigar Fire Safety and
an assessment of the practicability of developing a performance
standard to reduce cigarette ignition propensity, and
``(6) it is appropriate for the Consumer Product Safety
Commission to utilize its expertise to complete the recommendations
for further work and report to Congress in a timely fashion.
``SEC. 2. COMPLETION OF FIRE SAFETY RESEARCH.
``(a) Center for Fire Research.--At the request of the Consumer
Product Safety Commission, the National Institute for Standards and
Technology's Center for Fire Research shall--
``(1) develop a standard test method to determine cigarette
ignition propensity,
``(2) compile performance data for cigarettes using the standard
test method developed under paragraph (1), and
``(3) conduct laboratory studies on and computer modeling of
ignition physics to develop valid, user-friendly predictive
capability.
The Commission shall make such request not later than the expiration of
30 days after the date of the enactment of this Act [Aug. 10, 1990].
``(b) Commission.--The Consumer Product Safety Commission shall--
``(1) design and implement a study to collect baseline and
followup data about the characteristics of cigarettes, products
ignited, and smokers involved in fires, and
``(2) develop information on societal costs of cigarette-ignited
fires.
``(c) Health and Human Services.--The Consumer Product Safety
Commission, in consultation with the Secretary of Health and Human
Services, shall develop information on changes in the toxicity of smoke
and resultant health effects from cigarette prototypes. The Commission
shall not obligate more than $50,000 to develop such information.
``SEC. 3. ADVISORY GROUP.
``(a) Establishment.--There is established the Technical Advisory
Group to advise and work with the Consumer Product Safety Commission and
National Institute for Standards and Technology's Center for Fire
Research on the implementation of this Act. The Technical Advisory Group
may hold hearings to develop information to carry out its functions. The
Technical Advisory Group shall terminate 1 month after the submission of
the final report of the Chairman of the Consumer Product Safety
Commission under section 4.
``(b) Members.--The Technical Advisory Group shall consist of the
same individuals appointed to the Technical Study Group on Cigarette and
Little Cigar Fire Safety under section 3(a) of the Cigarette Safety Act
of 1984 [set out below]. If such an individual is unavailable to serve
on the Technical Advisory Group, the entity which such individual
represented on such Technical Study Group shall submit to the Chairman
of the Consumer Product Safety Commission the name of another individual
to be appointed by the Chairman to represent such group on the Technical
Advisory Group.
``SEC. 4. REPORTS.
``The Chairman of the Consumer Product Safety Commission, in
consultation with the Technical Advisory Group, shall submit to Congress
three reports on the activities undertaken under section 2 as follows:
The first such report shall be made not later than 13 months after the
date of the enactment of this Act [Aug. 10, 1990], the second such
report shall be made not later than 25 months after such date, and the
final such report shall be made not later than 36 months after such
date.
``SEC. 5. CONFIDENTIALITY.
``(a) In General.--Any information provided to the National
Institute for Standards and Technology's Center for Fire Research, to
the Consumer Product Safety Commission, or to the Technical Advisory
Group under section 2 which is designated as trade secret or
confidential information shall be treated as trade secret or
confidential information subject to section 552(b)(4) of title 5, United
States Code, and section 1905 of title 18, United States Code, and shall
not be revealed, except as provided under subsection (b). No member or
employee of the Center for Fire Research, the Consumer Product Safety
Commission, or the Technical Advisory Group and no person assigned to or
consulting with the Center for Fire Research, the Consumer Product
Safety Commission, or the Technical Advisory Group, shall disclose any
such information to any person who is not a member or employee of,
assigned to, or consulting with, the Center for Fire Research, Consumer
Product Safety Commission, or the Technical Advisory Group unless the
person submitting such information specifically and in writing
authorizes such disclosure.
``(b) Construction.--Subsection (a) does not authorize the
withholding of any information from any duly authorized subcommittee or
committee of the Congress, except that if a subcommittee or committee of
the Congress requests the Consumer Product Safety Commission, the
National Institute for Standards and Technology's Center for Fire
Research, or the Technical Advisory Group to provide such information,
the Commission, the Center for Fire Research, or Technical Advisory
Group shall notify the person who provided the information of such a
request in writing.''
Additional Reporting Time
Pub. L. 99-500, Sec. 110, Oct. 18, 1986, 100 Stat. 1783-348, and
Pub. L. 99-591, Sec. 110, Oct. 30, 1986, 100 Stat. 3341-348, provided
that: ``The Interagency Committee on Cigarette and Little Cigar Fire
Safety, established pursuant to Public Law 98-567 [set out as a note
below], shall have an additional six months to complete its final
technical report and submit policy recommendations to the Congress.''
Cigarette Safety Act of 1984
Pub. L. 98-567, Oct. 30, 1984, 98 Stat. 2925, as amended by Pub. L.
100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433, provided:
``That this Act may be cited as the `Cigarette Safety Act of 1984'.
``Sec. 2. (a) There is established the Interagency Committee on
Cigarette and Little Cigar Fire Safety (hereinafter in this Act referred
to as the `Interagency Committee') which shall consist of--
``(1) the Chairman of the Consumer Product Safety Commission,
who shall be the Chairman of the Interagency Committee;
``(2) the United States Fire Administrator in the Federal
Emergency Management Agency, who shall be the Vice Chairman of the
Interagency Committee; and
``(3) the Assistant Secretary of Health in the Department of
Health and Human Services.
``(b) The Interagency Committee shall direct, oversee, and review
the work of the Technical Study Group on Cigarette and Little Cigar Fire
Safety (established under section 3) conducted under section 4 and shall
make such policy recommendations to the Congress as it deems
appropriate. The Interagency Committee may retain and contract with such
consultants as it deems necessary to assist the Study Group in carrying
out its functions under section 4. The Interagency Committee may request
the head of any Federal department or agency to detail any of the
personnel of the department or agency to assist the Interagency
Committee or the Study Group in carrying out its responsibilities. The
authority of the Interagency Committee to enter into contracts shall be
effective for any fiscal year only to such extent or in such amounts as
are provided in advance by appropriation Acts.
``(c) For the purpose of carrying out section 4, the Interagency
Committee or the Study Group, with the advice and consent of the
Interagency Committee, may hold such hearings, sit and act at such times
and places, take such testimony, and receive such evidence, as the
Interagency Committee or the Study Group considers appropriate.
``Sec. 3. (a) There is established the Technical Study Group on
Cigarette and Little Cigar Fire Safety (hereinafter in this Act referred
to as the `Study Group') which shall consist of--
``(1) one scientific or technical representative each from the
Consumer Product Safety Commission, the Center for Fire Research of
the National Institute of Standards and Technology, the National
Cancer Institute, the Federal Trade Commission, and the Federal
Emergency Management Agency, the appointment of whom shall be made
by the heads of those agencies;
``(2) four scientific or technical representatives appointed by
the Chairman of the Interagency Committee, by and with the advice
and consent of the Interagency Committee, from a list of individuals
submitted by the Tobacco Institute;
``(3) two scientific or technical representatives appointed by
the Chairman of the Interagency Committee, by and with the advice
and consent of the Interagency Committee, who are selected from
lists of individuals submitted by the following organizations: the
American Burn Association, the American Public Health Association,
and the American Medical Association;
``(4) two scientific or technical representatives appointed by
the Chairman of the Interagency Committee, by and with the advice
and consent of the Interagency Committee, who are selected from
lists of individuals submitted by the following organizations: the
National Fire Protection Association, the International Association
of Fire Chiefs, the International Association of Fire Fighters, the
International Society of Fire Service Instructors, and the National
Volunteer Fire Council; and
``(5) one scientific or technical representative appointed by
the Chairman of the Interagency Committee, by and with the advice
and consent of the Interagency Committee, from lists of individuals
submitted by the Business and Institutional Furniture Manufacturers
Association and one scientific or technical representative appointed
by the Chairman, by and with the advice and consent of the
Interagency Committee, from lists of individuals submitted by the
American Furniture Manufacturers Association.
``(b) The persons appointed to serve on the Study Group may
designate, with the advice and consent of the Interagency Committee,
from among their number such persons to serve as team leaders,
coordinators, or chairpersons as they deem necessary or appropriate to
carry out the Study Group's functions under section 4.
``Sec. 4. The Study Group shall undertake, subject to oversight and
review by the Interagency Committee, such studies and other activities
as it considers necessary and appropriate to determine the technical and
commercial feasibility, economic impact, and other consequences of
developing cigarettes and little cigars that will have a minimum
propensity to ignite upholstered furniture or mattresses. Such
activities include identification of the different physical
characteristics of cigarettes and little cigars which have an impact on
the ignition of upholstered furniture and mattresses, an analysis of the
feasibility of altering any pertinent characteristics to reduce ignition
propensity, and an analysis of the possible costs and benefits, both to
the industry and the public, associated with any such product
modification.
``Sec. 5. The Interagency Committee shall submit one year after the
date of enactment of this Act [Oct. 30, 1984] a status report to the
Senate and the House of Representatives describing the activities
undertaken under section 4 during the preceding year. The Interagency
Committee shall submit a final technical report, prepared by the Study
Group, to the Senate and the House of Representatives not later than
thirty months after the date of enactment of this Act [Oct. 30, 1984].
The Interagency Committee shall provide to the Congress, within sixty
days after the submission of the final technical report, any policy
recommendations the Interagency Committee deems appropriate. The
Interagency Committee and the Study Group shall terminate one month
after submission of the policy recommendations prescribed by this
section.
``Sec. 6. (a) Any information provided to the Interagency Committee
or to the Study Group under section 4 which is designated as trade
secret or confidential information shall be treated as trade secret or
confidential information subject to section 552(b)(4) of title 5, United
States Code, and section 1905 of title 18, United States Code, and shall
not be revealed, except as provided under subsection (b). No member of
the Study Group or Interagency Committee, and no person assigned to or
consulting with the Study Group, shall disclose any such information to
any person who is not a member of, assigned to, or consulting with, the
Study Group or Interagency Committee unless the person submitting such
information specifically and in writing authorizes such disclosure.
``(b) Subsection (a) does not authorize the withholding of any
information from any duly authorized subcommittee or committee of the
Congress, except that if a subcommittee or committee of the Congress
requests the Interagency Committee to provide such information, the
Chairman of the Interagency Committee shall notify the person who
provided the information of such a request in writing.
``(c) The Interagency Committee shall, on the vote of a majority of
its members, adopt reasonable procedures to protect the confidentiality
of trade secret and confidential information, as defined in this
section.
``Sec. 7. As used in this Act, the terms `cigarettes' and `little
cigars' have the meanings given such terms by section 3 of the Federal
Cigarette Labeling and Advertising Act [15 U.S.C. 1332].''
Section Referred to in Other Sections
This section is referred to in sections 1193, 1262, 2058 of this
title; title 35 section 210.
