---
kind: "section"
citation: "15 U.S.C. § 2078"
title: "15"
title_heading: "Commerce and Trade"
number: "2078"
heading: "Cooperation with States and other Federal agencies"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2078"
units:
  - "Chapter 47 — Consumer Product Safety"
---

# §2078. Cooperation with States and other Federal agencies

- (a) **Programs to promote Federal-State cooperation—** The [Commission](/usc/15/2052.md?p=a-4) shall establish a program to promote Federal-[State](/usc/15/2052.md?p=a-15) cooperation for the purposes of carrying out this chapter. In implementing such program the [Commission](/usc/15/2052.md?p=a-4) may—
  - (1) accept from any [State](/usc/15/2052.md?p=a-15) 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](/usc/15/636e.md?p=1) and enforcement of this chapter which such [States](/usc/15/2052.md?p=a-15) 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](/usc/15/2052.md?p=a-4) any qualified officer or employee of any [State](/usc/15/2052.md?p=a-15) or local agency as an officer of the [Commission](/usc/15/2052.md?p=a-4) for the purpose of conducting examinations, investigations, and inspections.
- (b) **Appropriateness of State and local programs—** In determining whether such proposed [State](/usc/15/2052.md?p=a-15) and local programs are appropriate in implementing the purposes of this chapter, the [Commission](/usc/15/2052.md?p=a-4) shall give favorable consideration to programs which establish separate [State](/usc/15/2052.md?p=a-15) and local agencies to consolidate functions relating to product safety and other consumer protection activities.
- (c) **Cooperation of Federal departments and agencies—** The [Commission](/usc/15/2052.md?p=a-4) 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](/usc/15/2052.md?p=a-4) and, to the extent permitted by law, furnish such materials to it. The [Commission](/usc/15/2052.md?p=a-4) 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](/usc/15/2052.md?p=a-4) 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](/usc/15/2052.md?p=a-5) (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](/usc/15/2052.md?p=a-4).
- (e) **Copies of accident or investigation reports to other agencies; conditions—** Notwithstanding [section 2055(a)(3) of this title](/usc/15/2055.md?p=a-3), the [Commission](/usc/15/2052.md?p=a-4) may provide to another Federal agency or a [State](/usc/15/2052.md?p=a-15) 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](/usc/15/2052.md?p=a-4) only if (1) information which under [section 2055(a)(2) of this title](/usc/15/2055.md?p=a-2) 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](/usc/15/2052.md?p=a-15) and local agency and authority which is to receive under this subsection a copy of such report provides assurances satisfactory to the [Commission](/usc/15/2052.md?p=a-4) that the identity of any injured [person](/usc/15/7a.md?p=6) and any [person](/usc/15/7a.md?p=6) who treated an injured [person](/usc/15/7a.md?p=6) will not, without the consent of the [person](/usc/15/7a.md?p=6) 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](/usc/15/2052.md?p=a-15) 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](/usc/15/2052.md?p=a-4) has complied with the applicable requirements of [section 2055(b) of this title](/usc/15/2055.md?p=b).

- (f) **Sharing of information with Federal, State, local, and foreign government agencies—**
  - (1) **Agreements and conditions—** Notwithstanding the requirements of subsections (a)(3) and (b) of [section 2055 of this title](/usc/15/2055.md), relating to public disclosure of information, the [Commission](/usc/15/2052.md?p=a-4) may make information obtained by the [Commission](/usc/15/2052.md?p=a-4) available to any Federal, [State](/usc/15/2052.md?p=a-15), local, or foreign government agency upon the prior certification of an appropriate official of any such agency, either by a prior [agreement](/usc/15/7a.md?p=2) or memorandum of understanding with the [Commission](/usc/15/2052.md?p=a-4) or by other written certification, that such material will be maintained in confidence and will be used only for official law enforcement or consumer protection purposes, if—
    - (A) the agency has set forth a bona fide legal basis for its authority to maintain the material in confidence;
    - (B) the materials are to be used for purposes of investigating, or engaging in enforcement proceedings related to, possible violations of—
      - (i) laws regulating the manufacture, [importation](/usc/15/2052.md?p=a-9), distribution, or sale of defective or unsafe [consumer products](/usc/15/2052.md?p=a-5), or other practices substantially similar to practices prohibited by any law administered by the [Commission](/usc/15/2052.md?p=a-4);
      - (ii) a law administered by the [Commission](/usc/15/2052.md?p=a-4), if disclosure of the material would further a [Commission](/usc/15/2052.md?p=a-4) investigation or enforcement proceeding; or
      - (iii) with respect to a foreign law enforcement agency, with the approval of the Attorney General, other foreign criminal laws, if such foreign criminal laws are offenses defined in or covered by a criminal mutual legal assistance treaty in force between the government of the [United States](/usc/15/2052.md?p=a-17) and the foreign law enforcement agency’s government; and
    - (C) in the case of a foreign government agency, such agency is not from a foreign [state](/usc/15/2052.md?p=a-15) that the Secretary of State has determined, in accordance with [section 4605(j)](/usc/15/4605.md)[^1] of title 50, has repeatedly provided support for acts of international terrorism, unless and until such determination is rescinded pursuant to [section 4605(j)(4)](/usc/15/4605.md)[^1] of title 50.
  - (2) **Abrogation of agreements—** The [Commission](/usc/15/2052.md?p=a-4) may abrogate any [agreement](/usc/15/7a.md?p=2) or memorandum of understanding with another agency if the [Commission](/usc/15/2052.md?p=a-4) determines that the other agency has failed to maintain in confidence any information provided under such [agreement](/usc/15/7a.md?p=2) or memorandum of understanding, or has used any such information for purposes other than those set forth in such [agreement](/usc/15/7a.md?p=2) or memorandum of understanding.
  - (3) **Additional rules against disclosure—** Except as provided in [paragraph (4)](#f-4), the [Commission](/usc/15/2052.md?p=a-4) shall not be required to disclose under [section 552 of title 5](/usc/5/552.md) or any other provision of law—
    - (A) any material obtained from a foreign government agency, if the foreign government agency has requested confidential treatment, or has precluded such disclosure under other use limitations, as a condition of providing the material;
    - (B) any material reflecting a consumer complaint obtained from any other foreign source, if that foreign source supplying the material has requested confidential treatment as a condition of providing the material; or
    - (C) any material reflecting a consumer complaint submitted to a [Commission](/usc/15/2052.md?p=a-4) reporting mechanism sponsored in part by foreign government agencies.
  - (4) **Limitation—** Nothing in this subsection authorizes the [Commission](/usc/15/2052.md?p=a-4) to withhold information from the Congress or prevent the [Commission](/usc/15/2052.md?p=a-4) from complying with an order of a court of the [United States](/usc/15/2052.md?p=a-17) in an action commenced by the [United States](/usc/15/2052.md?p=a-17) or the [Commission](/usc/15/2052.md?p=a-4).
  - (5) **Definition—** In this subsection, the term “foreign government agency” means—
    - (A) any agency or judicial authority of a foreign government, including a foreign [state](/usc/15/2052.md?p=a-15), a political subdivision of a foreign [state](/usc/15/2052.md?p=a-15), or a multinational organization constituted by and comprised of foreign [states](/usc/15/2052.md?p=a-15), that is vested with law enforcement or investigative authority in civil, criminal, or administrative matters; and
    - (B) any multinational organization, to the extent that it is acting on behalf of an entity described in [subparagraph (A)](#f-5-A).
- (g) **Notification to State health departments—** Whenever the [Commission](/usc/15/2052.md?p=a-4) is notified of any voluntary corrective action taken by a [manufacturer](/usc/15/2052.md?p=a-11) (or a [retailer](/usc/15/2052.md?p=a-13) in the case of a [retailer](/usc/15/2052.md?p=a-13) selling a product under its own label) in consultation with the [Commission](/usc/15/2052.md?p=a-4), or issues an order under [section 2064(c)](/usc/15/2064.md?p=c) or (d) of this title with respect to any product, the [Commission](/usc/15/2052.md?p=a-4) shall notify each [State](/usc/15/2052.md?p=a-15)’s health department (or other agency designated by the [State](/usc/15/2052.md?p=a-15)) of such voluntary corrective action or order.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 92–573, § 29, Oct. 27, 1972, 86 Stat. 1230; Pub. L. 94–284, § 15, May 11, 1976, 90 Stat. 510; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 110–314, title II, §§ 207, 235(c)(7), Aug. 14, 2008, 122 Stat. 3044, 3075.)

## Notes

### Editorial Notes

### References in Text

Section 4605(j) of title 50, referred to in subsec. (f)(1)(C), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. For provisions similar to those of former section 4605(j) of title 50, see section 4813(c) of title 50, as enacted by Pub. L. 115–232.

### Amendments

2008—Subsec. (e). Pub. L. 110–314, § 235(c)(7), substituted “Notwithstanding section 2055(a)(3) of this title, the Commission” for “The Commission” in introductory provisions.

Subsecs. (f), (g). Pub. L. 110–314, § 207, added subsecs. (f) and (g).

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).

### Statutory Notes and Related Subsidiaries

### 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.