42 U.S.C. § 5406 : US Code - Section 5406: Submission of cost or other information by manufacturer

Search 42 U.S.C. § 5406 : US Code - Section 5406: Submission of cost or other information by manufacturer

(a) Purpose of submission; detail of information
Whenever any manufacturer is opposed to any action of the
Secretary under section 5403 of this title or under any other
provision of this chapter on the grounds of increased cost or for
other reasons, the manufacturer shall submit to the Secretary such
cost and other information (in such detail as the Secretary may by
rule or order prescribe) as may be necessary in order to properly
evaluate the manufacturer's statement. The Secretary shall submit
such cost and other information to the consensus committee for
evaluation.
(b) Conditions upon availability to public of submitted information
Such information shall be available to the public unless the
manufacturer establishes that it contains a trade secret or that
disclosure of any portion of such information would put the
manufacturer at a substantial competitive disadvantage. Notice of
the availability of such information shall be published promptly in
the Federal Register. If the Secretary determines that any portion
of such information contains a trade secret or that the disclosure
of any portion of such information would put the manufacturer at a
substantial competitive disadvantage, such portion may be disclosed
to the public only in such manner as to preserve the
confidentiality of such trade secret or in such combined or summary
form so as not to disclose the identity of any individual
manufacturer, except that any such information may be disclosed to
other officers or employees concerned with carrying out this
chapter or when relevant in any proceeding under this chapter.
Nothing in this subsection shall authorize the withholding of
information by the Secretary or any officer or employee under his
control from the duly authorized committees of the Congress.
(c) "Cost information" defined
For purposes of this section, "cost information" means
information with respect to alleged cost increases resulting from
action by the Secretary, in such a form as to permit the public,
the consensus committee, and the Secretary to make an informed
judgment on the validity of the manufacturer's statements. Such
term includes both the manufacturer's cost and the cost to retail
purchasers.
(d) Power of Secretary to obtain or require submission of
information under other provisions unaffected
Nothing in this section shall be construed to restrict the
authority of the Secretary to obtain or require submission of
information under any other provision of this chapter.