15 U.S.C. § 2054 — Product safety information and research

Page 1705 TITLE 15—COMMERCE AND TRADE § 2054 (1) retain or employ officers or employees of foreign government agencies on a temporary basis pursuant to section 2053 of this title or section 3101 or 3109 of title 5; and (2) detail officers or employees of the Com- mission to work on a temporary basis for ap- propriate foreign government agencies for the purpose of providing or receiving training. (b) Reciprocity and reimbursement The Commission may execute the authority contained in subsection (a) with or without re- imbursement in money or in kind, and with or without reciprocal arrangements by or on behalf of the foreign government agency involved. Any amounts received as reimbursement for expenses incurred by the Commission under this section shall be credited to the appropriations account from which such expenses were paid. (c) Standards of conduct An individual retained or employed under sub- section (a)(1) shall be considered to be a Federal employee while so retained or employed, only for purposes of— (1) injury compensation as provided in chap- ter 81 of title 5 and tort claims liability under chapter 171 of title 28; (2) chapter 131 of title 5 and the provisions of chapter 11 of title 18; and (3) any other statute or regulation governing the conduct of Federal employees. (Pub. L. 110–314, title II, § 208, Aug. 14, 2008, 122 Stat. 3046; Pub. L. 117–286, § 4(c)(25), Dec. 27, 2022, 136 Stat. 4357.) Editorial Notes CODIFICATION Section was enacted as part of the Consumer Product Safety Improvement Act of 2008, and not as part of the Consumer Product Safety Act which comprises this chapter. AMENDMENTS 2022—Subsec. (c)(2). Pub. L. 117–286 substituted ‘‘chap- ter 131 of title 5’’ for ‘‘the Ethics in Government Act (5 U.S.C. App.)’’. Statutory Notes and Related Subsidiaries DEFINITION For definition of ‘‘Commission’’ used in this section, see section 2(a) of Pub. L. 110–314, set out as a note under section 2051 of this title. § 2054. Product safety information and research (a) Injury Information Clearinghouse; duties The Commission shall— (1) maintain an Injury Information Clearing- house to collect, investigate, analyze, and dis- seminate injury data, and information, relat- ing to the causes and prevention of death, in- jury, and illness associated with consumer products; (2) conduct such continuing studies and in- vestigations of deaths, injuries, diseases, other health impairments, and economic losses re- sulting from accidents involving consumer products as it deems necessary; (3) following publication of a notice of pro- posed rulemaking for a product safety rule under any rulemaking authority administered by the Commission, assist public and private organizations or groups of manufacturers, ad- ministratively and technically, in the develop- ment 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 prior- ities of the Commission), assist public and pri- vate organizations or groups of manufacturers, administratively and technically, in the devel- opment of product safety standards and test methods. (b) Research, investigation and testing of con- sumer products The Commission may— (1) conduct research, studies, and investiga- tions on the safety of consumer products and on improving the safety of such products; (2) test consumer products and develop prod- uct safety test methods and testing devices; and (3) offer training in product safety investiga- tion and test methods. (c) Grants and contracts for conduct of functions In carrying out its functions under this sec- tion, the Commission may make grants or enter into contracts for the conduct of such functions with any person (including a governmental enti- ty). (d) Availability to public of information Whenever the Federal contribution for any in- formation, research, or development activity au- thorized 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 per- son of any right which he may have had, prior to entering into any arrangement referred to in this subsection, to any patent, patent applica- tion, or invention. (Pub. L. 92–573, § 5, Oct. 27, 1972, 86 Stat. 1211; Pub. L. 97–35, title XII, § 1209(a), (b), Aug. 13, 1981, 95 Stat. 720; Pub. L. 110–314, title II, § 204(a)(2), Aug. 14, 2008, 122 Stat. 3041.) Editorial Notes AMENDMENTS 2008—Subsec. (a)(3). Pub. L. 110–314 struck out ‘‘an ad- vance notice of proposed rulemaking or’’ after ‘‘fol- lowing publication of’’. 1981—Subsec. (a)(3), (4). Pub. L. 97–35, § 1209(a), added pars. (3) and (4). Subsec. (b)(3). Pub. L. 97–35, § 1209(b), struck out pro- vision that the Commission may assist public and pri- vate organizations, administratively and technically, in the development of safety standards and test meth- ods. Statutory Notes and Related Subsidiaries 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. Page 1706 TITLE 15—COMMERCE AND TRADE § 2054 EFFECTIVE DATE Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. STUDY OF AVERSIVE AGENTS Pub. L. 101–608, title II, § 204, Nov. 16, 1990, 104 Stat. 3124, provided that: ‘‘The Consumer Product Safety Commission shall conduct a study of requiring manu- facturers of consumer products to include aversive agents, as appropriate, in products which present a haz- ard if ingested to determine the potential effectiveness of the aversive agents in deterring ingestion. In con- ducting the study, the Commission shall consult with appropriate consumer, health, and business organiza- tions and appropriate government agencies. The Com- mission 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] deter- mined that (A) it is technically feasible and may be commercially feasible to develop a cigarette that will have a significantly reduced propensity to ignite fur- niture and mattresses, and (B) the overall impact on other aspects of the United States society and econ- omy 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 ig- nite 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 Ciga- rette 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 com- plete the recommendations for further work and re- port 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 Na- tional 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 en- actment of this Act [Aug. 10, 1990]. ‘‘(b) COMMISSION.—The Consumer Product Safety Commission shall— ‘‘(1) design and implement a study to collect base- line and followup data about the characteristics of cigarettes, products ignited, and smokers involved in fires, and ‘‘(2) develop information on societal costs of ciga- rette-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 de- velop such information. ‘‘SEC. 3. ADVISORY GROUP. ‘‘(a) ESTABLISHMENT.—There is established the Tech- nical Advisory Group to advise and work with the Con- sumer Product Safety Commission and National Insti- tute for Standards and Technology’s Center for Fire Research on the implementation of this Act. The Tech- nical Advisory Group may hold hearings to develop in- formation to carry out its functions. The Technical Ad- visory Group shall terminate 1 month after the submis- sion of the final report of the Chairman of the Con- sumer Product Safety Commission under section 4. ‘‘(b) MEMBERS.—The Technical Advisory Group shall consist of the same individuals appointed to the Tech- nical 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 Con- sumer Product Safety Commission the name of another individual to be appointed by the Chairman to rep- resent such group on the Technical Advisory Group. ‘‘SEC. 4. REPORTS. ‘‘The Chairman of the Consumer Product Safety Commission, in consultation with the Technical Advi- sory 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 Cen- ter 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 con- fidential 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 Com- mission, or the Technical Advisory Group, shall dis- close 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 specifi- cally and in writing authorizes such disclosure. ‘‘(b) CONSTRUCTION.—Subsection (a) does not author- ize the withholding of any information from any duly authorized subcommittee or committee of the Con- gress, 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 Tech- nical 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.’’ Page 1707 TITLE 15—COMMERCE AND TRADE § 2054 ADDITIONAL REPORTING TIME Pub. L. 99–500, § 110, Oct. 18, 1986, 100 Stat. 1783–348, and Pub. L. 99–591, § 110, Oct. 30, 1986, 100 Stat. 3341–348, provided that: ‘‘The Interagency Committee on Ciga- rette 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, § 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 Com- mittee on Cigarette and Little Cigar Fire Safety (here- inafter in this Act referred to as the ‘Interagency Com- mittee’) which shall consist of— ‘‘(1) the Chairman of the Consumer Product Safety Commission, who shall be the Chairman of the Inter- agency 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 De- partment of Health and Human Services. ‘‘(b) The Interagency Committee shall direct, over- see, 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 ad- vance 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 con- siders appropriate. ‘‘SEC. 3. (a) There is established the Technical Study Group on Cigarette and Little Cigar Fire Safety (here- inafter 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 In- stitute, the Federal Trade Commission, and the Fed- eral Emergency Management Agency, the appoint- ment of whom shall be made by the heads of those agencies; ‘‘(2) four scientific or technical representatives ap- pointed by the Chairman of the Interagency Com- mittee, 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 ap- pointed by the Chairman of the Interagency Com- mittee, by and with the advice and consent of the Interagency Committee, who are selected from lists of individuals submitted by the following organiza- tions: the American Burn Association, the American Public Health Association, and the American Medical Association; ‘‘(4) two scientific or technical representatives ap- pointed by the Chairman of the Interagency Com- mittee, by and with the advice and consent of the Interagency Committee, who are selected from lists of individuals submitted by the following organiza- tions: the National Fire Protection Association, the International Association of Fire Chiefs, the Inter- national Association of Fire Fighters, the Inter- national Society of Fire Service Instructors, and the National Volunteer Fire Council; and ‘‘(5) one scientific or technical representative ap- pointed by the Chairman of the Interagency Com- mittee, by and with the advice and consent of the Interagency Committee, from lists of individuals sub- mitted by the Business and Institutional Furniture Manufacturers Association and one scientific or tech- nical 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 nec- essary 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 uphol- stered 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 prod- uct 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 Inter- agency Committee shall submit a final technical re- port, 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 Inter- agency Committee and the Study Group shall termi- nate one month after submission of the policy rec- ommendations prescribed by this section. ‘‘SEC. 6. (a) Any information provided to the Inter- agency Committee or to the Study Group under section 4 which is designated as trade secret or confidential in- formation shall be treated as trade secret or confiden- tial 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 pro- vided under subsection (b). No member of the Study Group or Interagency Committee, and no person as- signed to or consulting with the Study Group, shall dis- close 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 sub- mitting such information specifically and in writing authorizes such disclosure. ‘‘(b) Subsection (a) does not authorize the with- holding 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 in- formation, 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 Page 1708 TITLE 15—COMMERCE AND TRADE § 2055 to protect the confidentiality of trade secret and con- fidential 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 Ad- vertising Act [15 U.S.C. 1332].’’ § 2055. Public disclosure of information (a) Disclosure requirements for manufacturers or private labelers; procedures applicable (1) Nothing contained in this Act shall be con- strued to require the release of any information described by subsection (b) of section 552 of title 5 or which is otherwise protected by law from disclosure to the public. (2) All information reported to or otherwise obtained by the Commission or its representa- tive under this Act which information contains or relates to a trade secret or other matter re- ferred to in section 1905 of title 18 or subject to section 552(b)(4) of title 5 shall be considered confidential and shall not be disclosed. (3) The Commission shall, prior to the disclo- sure 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 la- beler an opportunity to mark such information as confidential and therefore barred from disclo- sure under paragraph (2). A manufacturer or pri- vate labeler shall submit any such mark within 15 calendar days after the date on which it re- ceives the Commission’s offer. (4) All information that a manufacturer or pri- vate labeler has marked to be confidential and barred from disclosure under paragraph (2), ei- ther 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 the Commission determines that a docu- ment 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 Commission 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 notifica- tion. (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 prin- cipal place or business, or in which the docu- ments are located, or in the United States Dis- trict Court for the District of Columbia to re- strain disclosure of the document. Any person receiving such notification may file with the ap- propriate district court or court of appeals of the United States, as appropriate, an applica- tion 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 sub- committees 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 informa- tion designated as confidential by the manufac- turer or private labeler. (8) The provisions of paragraphs (2) through (6) shall not prohibit the disclosure of information to other officers, employees, or representatives of the Commission (including contractors) con- cerned with carrying out this Act or when rel- evant in any administrative proceeding under this Act or in judicial proceedings to which the Commission is a party. Any disclosure of rel- evant information— (A) in Commission administrative pro- ceedings or in judicial proceedings to which the Commission is a party, or (B) to representatives of the Commission (in- cluding contractors), shall be governed by the rules of the Commis- sion (including in camera review rules for con- fidential material) for such proceedings or for disclosures to such representatives 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) Additional disclosure requirements for manu- facturers or private labelers; procedures ap- plicable (1) Except as provided by paragraph (4) of this subsection, not less than 15 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 publishes a finding that the public health and safety requires a lesser period of notice), the Commission shall, to the extent practicable, no- tify 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 pri- vate labeler, and shall provide such manufac- turer or private labeler with a reasonable oppor- tunity 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 pri- vate labeler may be readily ascertained is accu- rate, and that such disclosure is fair in the cir- cumstances and reasonably related to effec- tuating the purposes of this Act. In disclosing any information under this subsection, the Com- mission may, and upon the request of the manu- facturer or private labeler shall, include with the disclosure any comments or other informa- tion or a summary thereof submitted by such manufacturer or private labeler to the extent permitted by and subject to the requirements of this section. (2) If the Commission determines that a docu- ment claimed to be inaccurate by a manufac- turer or private labeler under paragraph (1) should be disclosed because the Commission be- lieves it has complied with paragraph (1), the Commission shall notify the manufacturer or