§5916 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary of Energy must quickly create and keep a central collection of information about all energy resources and technologies to help with research, development, and demonstrations under this law. The Secretary may buy, accept as a donation, or get needed proprietary or other information from other federal agencies. The Secretary must share the information with the public and with other government agencies, but must follow the Freedom of Information Act (5 U.S.C. 552) and laws that protect trade secrets (18 U.S.C. 1905). If someone shows the information would reveal trade secrets or other proprietary data, the Secretary must not release it and unlawful disclosure can be punished under 18 U.S.C. 1905. The Secretary must also give the information to authorized delegates and to listed federal officials and agencies when needed, but those agencies may not make it public. Congress or its committees may still request and receive the information from the Secretary.

Title 42, §5916

The Public Health and Welfare — Source: USLM XML via OLRC

The Secretary shall promptly establish, develop, acquire, and maintain a central source of information on all energy resources and technology in furtherance of the research, development, and demonstration mission carried out directly or indirectly under this chapter. When the Secretary determines that such information is needed to carry out the purposes of this chapter, the Secretary may acquire proprietary and other information (a) by purchase through negotiation or by donation from any person, or (b) from another Federal agency. The information maintained by the Secretary shall be made available to the public, subject to the provisions of section 552 of title 5 and section 1905 of title 18, and to other Government agencies in a manner that will facilitate its dissemination: Provided, That upon a showing satisfactory to the Secretary by any person that any information, or portion thereof, obtained under this section by the Secretary directly or indirectly from such person, would, if made public, divulge (1) trade secrets or (2) other proprietary information of such person, the Secretary shall not disclose such information and disclosure thereof shall be punishable under section 1905 of title 18: Provided further, That the Secretary shall, upon request, provide such information to (A) any delegate of the Secretary for the purpose of carrying out this chapter, and (B) the Attorney General, the Secretary of Agriculture, the Secretary of the Interior, the Federal Trade Commission, the Environmental Protection Agency, the Federal Energy Regulatory Commission 11 So in original. Probably should be followed by a comma. the Government Accountability Office, other Federal agencies, when necessary to carry out their duties and responsibilities under this chapter and other statutes, but such agencies and agency heads shall not release such information to the public. This section is not authority to withhold information from Congress or any committee of Congress upon request of the chairman or ranking minority member.

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Editorial Notes

Amendments

2005—Pub. L. 109–58, § 1009(b)(11)(A)–(C), (D)(ii), (E), substituted “Secretary shall” for “Administrator shall” wherever appearing, “research, development, and demonstration” for “Administrator’s research, development, and demonstration”, “Secretary determines” for “Administrator determines”, “the Secretary may acquire” for “he may acquire”, “Secretary by” for “Administrator by”, “Secretary directly” for “Administrator directly”, “Secretary for” for “Administrator for”, “the Federal Energy Regulatory Commission” for “the Federal Power Commission,”, and “Government Accountability Office” for “General Accounting Office”, struck out “the Federal Energy Administration,” after “the Federal Trade Commission,”, and inserted “or ranking minority member” before period at end. Pub. L. 109–58, § 1009(b)(11)(D)(i), which directed the substitution of “section 1905 of title 18” for “section 1905 or title 18”, could not be executed because “section 1905 or title 18” does not appear in text.

§5916 Central source of nonnuclear energy information

Summary

Title 42, §5916

Notes & Related Subsidiaries

Editorial Notes

Amendments

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