§ 2078. — Cooperation with States and other Federal agencies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2078]
TITLE 15--COMMERCE AND TRADE
CHAPTER 47--CONSUMER PRODUCT SAFETY
Sec. 2078. Cooperation with States and other Federal agencies
(a) Programs to promote Federal-State cooperation
The Commission shall establish a program to promote Federal-State
cooperation for the purposes of carrying out this chapter. In
implementing such program the Commission may--
(1) accept from any State or local authorities engaged in
activities relating to health, safety, or consumer protection
assistance in such functions as injury data collection,
investigation, and educational programs, as well as other assistance
in the administration and enforcement of this chapter which such
States or localities may be able and willing to provide and, if so
agreed, may pay in advance or otherwise for the reasonable cost of
such assistance, and
(2) commission any qualified officer or employee of any State or
local agency as an officer of the Commission for the purpose of
conducting examinations, investigations, and inspections.
(b) Appropriateness of State and local programs
In determining whether such proposed State and local programs are
appropriate in implementing the purposes of this chapter, the Commission
shall give favorable consideration to programs which establish separate
State and local agencies to consolidate functions relating to product
safety and other consumer protection activities.
(c) Cooperation of Federal departments and agencies
The Commission may obtain from any Federal department or agency such
statistics, data, program reports, and other materials as it may deem
necessary to carry out its functions under this chapter. Each such
department or agency may cooperate with the Commission and, to the
extent permitted by law, furnish such materials to it. The Commission
and the heads of other departments and agencies engaged in administering
programs related to product safety shall, to the maximum extent
practicable, cooperate and consult in order to insure fully coordinated
efforts.
(d) Utilization of National Institute of Standards and Technology
The Commission shall, to the maximum extent practicable, utilize the
resources and facilities of the National Institute of Standards and
Technology, on a reimbursable basis, to perform research and analyses
related to risks of injury associated with consumer products (including
fire and flammability risks), to develop test methods, to conduct
studies and investigations, and to provide technical advice and
assistance in connection with the functions of the Commission.
(e) Copies of accident or investigation reports to other agencies;
conditions
The Commission may provide to another Federal agency or a State or
local agency or authority engaged in activities relating to health,
safety, or consumer protection, copies of any accident or investigation
report made under this chapter by any officer, employee, or agent of the
Commission only if (1) information which under section 2055(a)(2) of
this title is to be considered confidential is not included in any copy
of such report which is provided under this subsection; and (2) each
Federal agency and State and local agency and authority which is to
receive under this subsection a copy of such report provides assurances
satisfactory to the Commission that the identity of any injured person
and any person who treated an injured person will not, without the
consent of the person identified, be included in--
(A) any copy of any such report, or
(B) any information contained in any such report,
which the agency or authority makes available to any member of the
public. No Federal agency or State or local agency or authority may
disclose to the public any information contained in a report received by
the agency or authority under this subsection unless with respect to
such information the Commission has complied with the applicable
requirements of section 2055(b) of this title.
(Pub. L. 92-573, Sec. 29, Oct. 27, 1972, 86 Stat. 1230; Pub. L. 94-284,
Sec. 15, May 11, 1976, 90 Stat. 510; Pub. L. 100-418, title V,
Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433.)
Amendments
1988--Subsec. (d). Pub. L. 100-418 substituted ``National Institute
of Standards and Technology'' for ``National Bureau of Standards''.
1976--Subsec. (e). Pub. L. 94-284 added subsec. (e).
