§9122 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Each license holder (a person or company with a license) must keep records, make reports, and give information the Administrator decides are needed after talking with other federal agencies. License holders must send reports and let the Administrator see records when asked. Information that is a trade secret or confidential commercial or financial item must not be made public. It can only be released if the Administrator decides it is needed to protect public health, safety, or the environment and tells the submitter 10 days before release (unless that notice would cause harm). Otherwise it may only be shared with other federal or nearby coastal state agencies for official use, the appropriate Congressional committees, or by court order, and the Administrator must warn recipients that the information is confidential.

Title 42, §9122

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

(a)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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 9101 of this title and Tables.

Amendments

1984—Subsec. (b). Pub. L. 98–623, § 602(e)(3), substituted “(relating to trade secrets and commercial or financial information which is privileged or confidential)” for “(relating to trade secrets and confidential commercial and financial information)”. Subsec. (b)(2)(B). Pub. L. 98–623, § 602(e)(18), substituted “Administrator” for “administrator”.

§9122 Recordkeeping and public access to information