15 U.S.C. § 2613 : US Code - Section 2613: Disclosure of data

Search 15 U.S.C. § 2613 : US Code - Section 2613: Disclosure of data

(a) In general
Except as provided by subsection (b) of this section, any
information reported to, or otherwise obtained by, the
Administrator (or any representative of the Administrator) under
this chapter, which is exempt from disclosure pursuant to
subsection (a) of section 552 of title 5 by reason of subsection
(b)(4) of such section, shall, notwithstanding the provisions of
any other section of this chapter, not be disclosed by the
Administrator or by any officer or employee of the United States,
except that such information -
(1) shall be disclosed to any officer or employee of the United
States -
(A) in connection with the official duties of such officer or
employee under any law for the protection of health or the
environment, or
(B) for specific law enforcement purposes;
(2) shall be disclosed to contractors with the United States
and employees of such contractors if in the opinion of the
Administrator such disclosure is necessary for the satisfactory
performance by the contractor of a contract with the United
States entered into on or after October 11, 1976, for the
performance of work in connection with this chapter and under
such conditions as the Administrator may specify;
(3) shall be disclosed if the Administrator determines it
necessary to protect health or the environment against an
unreasonable risk of injury to health or the environment; or
(4) may be disclosed when relevant in any proceeding under this
chapter, except that disclosure in such a proceeding shall be
made in such manner as to preserve confidentiality to the extent
practicable without impairing the proceeding.
In any proceeding under section 552(a) of title 5 to obtain
information the disclosure of which has been denied because of the
provisions of this subsection, the Administrator may not rely on
section 552(b)(3) of such title to sustain the Administrator's
action.
(b) Data from health and safety studies
(1) Subsection (a) does not prohibit the disclosure of -
(A) any health and safety study which is submitted under this
chapter with respect to -
(i) any chemical substance or mixture which, on the date on
which such study is to be disclosed has been offered for
commercial distribution, or
(ii) any chemical substance or mixture for which testing is
required under section 2603 of this title or for which
notification is required under section 2604 of this title, and
(B) any data reported to, or otherwise obtained by, the
Administrator from a health and safety study which relates to a
chemical substance or mixture described in clause (i) or (ii) of
subparagraph (A).
This paragraph does not authorize the release of any data which
discloses processes used in the manufacturing or processing of a
chemical substance or mixture or, in the case of a mixture, the
release of data disclosing the portion of the mixture comprised by
any of the chemical substances in the mixture.
(2) If a request is made to the Administrator under subsection
(a) of section 552 of title 5 for information which is described in
the first sentence of paragraph (1) and which is not information
described in the second sentence of such paragraph, the
Administrator may not deny such request on the basis of subsection
(b)(4) of such section.
(c) Designation and release of confidential data
(1) In submitting data under this chapter, a manufacturer,
processor, or distributor in commerce may (A) designate the data
which such person believes is entitled to confidential treatment
under subsection (a) of this section, and (B) submit such
designated data separately from other data submitted under this
chapter. A designation under this paragraph shall be made in
writing and in such manner as the Administrator may prescribe.
(2)(A) Except as provided by subparagraph (B), if the
Administrator proposes to release for inspection data which has
been designated under paragraph (1)(A), the Administrator shall
notify, in writing and by certified mail, the manufacturer,
processor, or distributor in commerce who submitted such data of
the intent to release such data. If the release of such data is to
be made pursuant to a request made under section 552(a) of title 5,
such notice shall be given immediately upon approval of such
request by the Administrator. The Administrator may not release
such data until the expiration of 30 days after the manufacturer,
processor, or distributor in commerce submitting such data has
received the notice required by this subparagraph.
(B)(i) Subparagraph (A) shall not apply to the release of
information under paragraph (1), (2), (3), or (4) of subsection (a)
of this section, except that the Administrator may not release data
under paragraph (3) of subsection (a) of this section unless the
Administrator has notified each manufacturer, processor, and
distributor in commerce who submitted such data of such release.
Such notice shall be made in writing by certified mail at least 15
days before the release of such data, except that if the
Administrator determines that the release of such data is necessary
to protect against an imminent, unreasonable risk of injury to
health or the environment, such notice may be made by such means as
the Administrator determines will provide notice at least 24 hours
before such release is made.
(ii) Subparagraph (A) shall not apply to the release of
information described in subsection (b)(1) of this section other
than information described in the second sentence of such
subsection.
(d) Criminal penalty for wrongful disclosure
(1) Any officer or employee of the United States or former
officer or employee of the United States, who by virtue of such
employment or official position has obtained possession of, or has
access to, material the disclosure of which is prohibited by
subsection (a) of this section, and who knowing that disclosure of
such material is prohibited by such subsection, willfully discloses
the material in any manner to any person not entitled to receive
it, shall be guilty of a misdemeanor and fined not more than $5,000
or imprisoned for not more than one year, or both. Section 1905 of
title 18 does not apply with respect to the publishing, divulging,
disclosure, or making known of, or making available, information
reported or otherwise obtained under this chapter.
(2) For the purposes of paragraph (1), any contractor with the
United States who is furnished information as authorized by
subsection (a)(2) of this section, and any employee of any such
contractor, shall be considered to be an employee of the United
States.
(e) Access by Congress
Notwithstanding any limitation contained in this section or any
other provision of law, all information reported to or otherwise
obtained by the Administrator (or any representative of the
Administrator) under this chapter shall be made available, upon
written request of any duly authorized committee of the Congress,
to such committee.