§ 2613. — Disclosure of data.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2613]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
Sec. 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.
(Pub. L. 94-469, title I, Sec. 14, Oct. 11, 1976, 90 Stat. 2034;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986, 100
Stat. 2989.)
Section Referred to in Other Sections
This section is referred to in sections 2603, 2604 of this title.
