§ 2217. — Public access to information.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2217]
TITLE 15--COMMERCE AND TRADE
CHAPTER 49--FIRE PREVENTION AND CONTROL
Sec. 2217. Public access to information
Copies of any document, report, statement, or information received
or sent by the Director or the Administrator shall be made available to
the public pursuant to the provisions of section 552 of title 5:
Provided, That, notwithstanding the provisions of subsection (b) of such
section and of section 1905 of title 18, the Director may disclose
information which concerns or relates to a trade secret--
(1) upon request, to other Federal Government departments and
agencies for official use;
(2) upon request, to any committee of Congress having
jurisdiction over the subject matter to which the information
relates;
(3) in any judicial proceeding under a court order formulated to
preserve the confidentiality of such information without impairing
the proceedings; and
(4) to the public when he determines such disclosure to be
necessary in order to protect health and safety after notice and
opportunity for comment in writing or for discussion in closed
session within fifteen days by the party to which the information
pertains (if the delay resulting from such notice and opportunity
for comment would not be detrimental to health and safety).
(Pub. L. 93-498, Sec. 20, Oct. 29, 1974, 88 Stat. 1547; Pub. L. 106-503,
title I, Sec. 110(a)(2)(B)(viii), Nov. 13, 2000, 114 Stat. 2302.)
Amendments
2000--Pub. L. 106-503 substituted ``Director'' for ``Secretary'' in
two places in introductory provisions.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
Federal Emergency Management Agency, including the functions of the
Director of the Federal Emergency Management Agency relating thereto, to
the Secretary of Homeland Security, and for treatment of related
references, see sections 313(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Functions of National Fire Prevention and Control Administration
[now United States Fire Administration] and National Academy for Fire
Prevention and Control generally transferred to Federal Emergency
Management Agency. For further details see Transfer of Functions note
set out under section 2202 of this title.
