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42 U.S.C. § 9122 — Recordkeeping and public access to information

submitted 46 years ago by Pub. L. 96-320 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 245 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires each licensee to keep records, make reports, and provide records and information requested by the Administrator. It also limits public and other disclosure of confidential information, with stated exceptions.

(a) Records and reports Each licensee must establish and maintain such records, make such reports, and provide such information as the Administrator, after consultation with other interested Federal departments and agencies, must by regulation prescribe to carry out the provisions of this chapter. Each licensee must submit such reports and must make available such records and information as the Administrator may request.
(b) Confidential information Any information reported to or collected by the Administrator under this chapter which is exempt from disclosure under section 552(b)(4) of title 5 (relating to trade secrets and commercial or financial information which is privileged or confidential) must 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) under court order, and
(B) when the Administrator has taken appropriate steps to inform the recipient of the confidential nature of the information.

the actual law source: uscode.house.gov ↗public domain
(a) Records and reports

Each licensee shall establish and maintain such records, make such reports, and provide such information as the Administrator, after consultation with other interested Federal departments and agencies, shall by regulation prescribe to carry out the provisions of this chapter. Each licensee shall submit such reports and shall make available such records and information as the Administrator may request.

(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-320 · 94 Stat. 989
  • 1984Amended · Pub. L. 98-623 · 98 Stat. 3412

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-320 on 1980-08-03.

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