TI TL E 15

- US CODE

- COMMERCE AND TRADE

- CHAPTER 53

- TOXI C SUBSTANCES

CONTROL

- SUBCHAPTER I

- CONTROL OF TOXIC SUBSTANCES

15 USC 2613

– Disclosure of data

(a) In general Except as provided by

subsection (b) of this section, any information reported t o, 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, notw ithstanding the provisions of any other section of this chapter, not be disclosed by the Administrator or by

an y 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 employ ee 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 connec tion 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 an y 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 an y proce eding 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 rel y on section 552(b)(3) of such title to sustain the Administrators action.

(b) Data from health and safet y studies

(1) Subsection (a) does not prohibit the disclosure of (A) an y health an d safet y study which is submitted under this chapter with respect to (i) an y chemical substance or mixture which, on the date on which such study is to be disclosed has been offered for commercial distribution, or (ii) an y chemical substance or mixture fo r which testing is required under section 2603 of this title or for which notification is required under section 2604 of this title, and (B) an y data repor

ted to, or otherwise obtained b y, 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 disclo ses 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 b y an y of the chemical substances in the mixture.(2) If a request i s 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 den y 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 su ch 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 day s after the manufacturer, processor, or distributor in commerce submitting such data has received the notice required b y this subparagraph. (B) (i) Subparagraph (A) shall not apply to the release of information under p aragraph (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 i n commerce who submitted such data of such release. Such notice shall be made in writing b y certified mail at least 15 day s before the release of such data, except that if the Administrator determines that the release of such data is necessary to protect a gainst 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) An y officer or employee of the United States or former officer or employee of the United States, who by

virtue of such employ

ment 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 o therwise 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 an y such contractor, shall be considere d to be an employee of the United States. (e) Access b y Congress Notwithstanding an y limitation contained in this section or an y other provision of law, all information reported to or otherwise obtained b y the Administrator (or an y representative of the Administrator) under this chapter shall be made available, upon written request of any dul y authorized committee of the Congress, to such committee.