
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9122]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 99--OCEAN THERMAL ENERGY CONVERSION
 
 SUBCHAPTER I--REGULATION OF OCEAN THERMAL ENERGY CONVERSION FACILITIES 
                             AND PLANTSHIPS
 
Sec. 9122. Recordkeeping and public access to information


(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.

(Pub. L. 96-320, title I, Sec. 112, Aug. 3, 1980, 94 Stat. 989; Pub. L. 
98-623, title VI, Sec. 602(e)(3), (18), Nov. 8, 1984, 98 Stat. 3412.)


                               Amendments

    1984--Subsec. (b). Pub. L. 98-623, Sec. 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, Sec. 602(e)(18), substituted 
``Administrator'' for ``administrator''.
