
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5916]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 74--NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT
 
Sec. 5916. Central source of nonnuclear energy information; 
        acquisition of proprietary and other information; availability 
        of information to public, Government agencies, Federal agencies 
        and agency heads for execution of duties and responsibilities, 
        and chairmen of Congressional committees; disclosure 
        restrictions
        
    The Secretary shall promptly establish, develop, acquire, and 
maintain a central source of information on all energy resources and 
technology in furtherance of the Secretary's 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, he 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 General Accounting 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.

(Pub. L. 93-577, Sec. 17, as added Pub. L. 94-187, title III, Sec. 312, 
Dec. 31, 1975, 89 Stat. 1075; amended Pub. L. 95-91, title III, 
Sec. 301, title VII, Secs. 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 
607.)

                          Codification

    In cl. (B), the words ``the Federal Energy Administration,'' and 
``the Federal Power Commission,'' following ``the Federal Trade 
Commission,'' and ``the Environmental Protection Agency,'', 
respectively, omitted from text in view of termination of Federal Energy 
Administration and Federal Power Commission and transfer of their 
functions (with certain exceptions) to Secretary of Energy pursuant to 
sections 301, 703, and 707 of Pub. L. 95-91, which are classified to 
sections 7151, 7293, and 7297 of this title. This transfer would result 
in cl. (B) being redundant in that it would require Secretary of Energy 
to provide information to himself. See Transfer of Functions note below.

                          Transfer of Functions

    ``Secretary'' and ``Secretary's'', meaning Secretary of Energy, 
substituted in text for ``Administrator'' and ``Administrator's'', 
respectively, meaning Administrator of Energy Research and Development 
Administration, pursuant to sections 301(a), 703, and 707 of Pub. L. 95-
91, which are classified to sections 7151(a), 7293, and 7297 of this 
title and which terminated Energy Research and Development 
Administration and transferred its functions and functions of 
Administrator thereof (with certain exceptions) to Secretary of Energy.
