§4019 — Title 15 Commerce and Trade | U.S. Code

Summary

Keeps private information given when someone applies for, changes, or cancels a certificate of review out of public records under 5 U.S.C. 552. Federal employees must not reveal private commercial or financial material submitted in that process if it is confidential and would harm the person who sent it, except in six cases: when Congress or a congressional committee asks; in a court or administrative case with protective orders; with the sender’s consent; when the Secretary needs it to decide about the certificate; when another federal law requires disclosure; or under rules made under section 4020 that let an agency see it only under those same conditions.

Title 15, §4019

Commerce and Trade — Source: USLM XML via OLRC

(a)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)(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