15 U.S.C. § 4019: Disclosure of information

Summary

Information someone gives to get, change, or cancel a certificate of review must not be released under section 552 of title 5. Federal employees must not share commercial or financial information that is marked confidential or would hurt the person who provided it. But the information can be shared if Congress or a congressional committee asks for it; if a court or administrative proceeding requires it (with protective orders); if the person agrees; if the Secretary needs it to decide about the certificate; if a federal law requires disclosure; or under rules made under section 4020 that allow sharing with a federal or state agency only if that agency keeps the information confidential except in those same situations.

Title 15, §4019

Commerce and Trade, Source: USLM XML via OLRC

(a)Exemption

Information submitted by any person in connection with the issuance, amendment, or revocation of a certificate of review shall be exempt from disclosure under section 552 of title 5.

(b)Protection of potentially harmful confidential information; exceptions: Congress; judicial or administrative proceedings; consent; necessity for determination; Federal law; regulations

(1)Except as provided in paragraph (2), no officer or employee of the United States shall disclose commercial or financial information submitted in connection with the issuance, amendment, or revocation of a certificate of review if the information is privileged or confidential and if disclosure of the information would cause harm to the person who submitted the information.

(2)Paragraph (1) shall not apply with respect to information disclosed—

(A)upon a request made by the Congress or any committee of the Congress,

(B)in a judicial or administrative proceeding, subject to appropriate protective orders,

(C)with the consent of the person who submitted the information,

(D)in the course of making a determination with respect to the issuance, amendment, or revocation of a certificate of review, if the Secretary deems disclosure of the information to be necessary in connection with making the determination,

(E)in accordance with any requirement imposed by a statute of the United States, or

(F)in accordance with any rule or regulation promulgated under section 4020 of this title permitting the disclosure of the information to an agency of the United States or of a State on the condition that the agency will disclose the information only under the circumstances specified in subparagraphs (A) through (E).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title.

§4019 Disclosure of Information

Summary

Title 15, §4019

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata