42 U.S.C. § 9122: Recordkeeping and public…

Summary

Licensees must keep records and file reports the Administrator requires after talking with other federal agencies. They must give those reports and make records available when the Administrator asks. Information that is a trade secret or other confidential business or financial data must not be made public. It can only be released publicly if the Administrator decides it is needed to protect public health, safety, or the environment and the person who gave the information is told 10 days before release (unless giving notice would hurt health, safety, or the environment). Otherwise the information may only be shared with federal and nearby coastal state agencies for official use, with the proper congressional committees, or by court order, and the Administrator must tell recipients the information is confidential.

Title 42, §9122

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

(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.

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