42 USC 9122 - Recordkeeping and public access to information

U.S Code last checked for updates: Nov 22, 2024

§ 9122.

Recordkeeping and public access to information

(a)

Records and reports

(b)

Confidential information

Any information reported to or collected by the Administrator under this chapter which is exempt from disclosure pursuant to section 552(b)(4) of title 5 (relating to trade secrets and commercial or financial information which is privileged or confidential) shall not—

(1)

be publicly disclosed by the Administrator or by any other officer or employee of the United States, unless the Administrator has—

(A)

determined that the disclosure is necessary to protect the public health or safety or the environment against an unreasonable risk of injury, and

(B)

notified the person who submitted the information 10 days before the disclosure is to be made, unless the delay resulting from such notice would be detrimental to the public health or safety or the environment, or

(2)

be otherwise disclosed except—

(A)

(i)

to other Federal and adjacent coastal State government departments and agencies for official use,

(ii)

to any committee of the Congress of appropriate jurisdiction, or

(iii)

pursuant to court order, and

(B)

when the Administrator has taken appropriate steps to inform the recipient of the confidential nature of the information.

(Pub. L. 96–320, title I, § 112, Aug. 3, 1980, 94 Stat. 989; Pub. L. 98–623, title VI, § 602(e)(3), (18), Nov. 8, 1984, 98 Stat. 3412.)

cite as: 42 USC 9122