Attachment A

§ 2612

TITLE 15—COMMERCE AND TRADE

changes to manufactured products (including batteries, paints, switches, and measuring devices), but
those uses remain substantial in the developing world
where releases from the products are extremely likely due to the limited pollution control and waste
management infrastructures in those countries;
‘‘(10) the member countries of the European Union
collectively are the largest source of elemental mercury exports globally;
‘‘(11) the European Commission has proposed to the
European Parliament and to the Council of the European Union a regulation to ban exports of elemental
mercury from the European Union by 2011;
‘‘(12) the United States is a net exporter of elemental mercury and, according to the United States
Geological Survey, exported 506 metric tons of elemental mercury more than the United States imported during the period of 2000 through 2004; and
‘‘(13) banning exports of elemental mercury from
the United States will have a notable effect on the
market availability of elemental mercury and
switching to affordable mercury alternatives in the
developing world.’’

§ 2612. Entry into customs territory of the United
States
(a) In general
(1) The Secretary of the Treasury shall refuse
entry into the customs territory of the United
States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States) of
any chemical substance, mixture, or article containing a chemical substance or mixture offered
for such entry if—
(A) it fails to comply with any rule in effect
under this chapter, or
(B) it is offered for entry in violation of section 2604 of this title, 2605 of this title, or subchapter IV, a rule or order under section 2604
of this title, 2605 of this title, or subchapter
IV, or an order issued in a civil action brought
under section 2604 of this title, 2606 of this
title or subchapter IV.
(2) If a chemical substance, mixture, or article
is refused entry under paragraph (1), the Secretary of the Treasury shall notify the consignee of such entry refusal, shall not release it
to the consignee, and shall cause its disposal or
storage (under such rules as the Secretary of the
Treasury may prescribe) if it has not been exported by the consignee within 90 days from the
date of receipt of notice of such refusal, except
that the Secretary of the Treasury may, pending
a review by the Administrator of the entry refusal, release to the consignee such substance,
mixture, or article on execution of bond for the
amount of the full invoice of such substance,
mixture, or article (as such value is set forth in
the customs entry), together with the duty
thereon. On failure to return such substance,
mixture, or article for any cause to the custody
of the Secretary of the Treasury when demanded, such consignee shall be liable to the
United States for liquidated damages equal to
the full amount of such bond. All charges for
storage, cartage, and labor on and for disposal of
substances, mixtures, or articles which are refused entry or release under this section shall be
paid by the owner or consignee, and in default of
such payment shall constitute a lien against any
future entry made by such owner or consignee.
(b) Rules
The Secretary of the Treasury, after consultation with the Administrator, shall issue rules

Page 1722

for the administration of subsection (a) of this
section.
(Pub. L. 94–469, title I, § 13, Oct. 11, 1976, 90 Stat.
2034; renumbered title I, Pub. L. 99–519, § 3(c)(1),
Oct. 22, 1986, 100 Stat. 2989; amended Pub. L.
100–418, title I, § 1214(e)(2), Aug. 23, 1988, 102 Stat.
1156; Pub. L. 102–550, title X, § 1021(b)(4), Oct. 28,
1992, 106 Stat. 3923.)
REFERENCES IN TEXT
The Harmonized Tariff Schedule of the United States,
referred to in subsec. (a), is not set out in the Code. See
Publication of Harmonized Tariff Schedule note set out
under section 1202 of Title 19, Customs Duties.
AMENDMENTS
1992—Subsec. (a)(1)(B). Pub. L. 102–550 substituted
‘‘section 2604 of this title, 2605 of this title, or subchapter IV’’ for ‘‘section 2604 or 2605 of this title’’ in
two places and ‘‘section 2604 of this title, 2606 of this
title or subchapter IV’’ for ‘‘section 2604 or 2606 of this
title’’.
1988—Subsec. (a)(1). Pub. L. 100–418 substituted ‘‘general note 2 of the Harmonized Tariff Schedule of the
United States’’ for ‘‘general headnote 2 to the Tariff
Schedules of the United States’’ in introductory text.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–418 effective Jan. 1, 1989,
and applicable with respect to articles entered on or
after such date, see section 1217(b)(1) of Pub. L. 100–418,
set out as an Effective Date note under section 3001 of
Title 19, Customs Duties.
EFFECTIVE DATE
Section effective Jan. 1, 1977, see section 31 of Pub. L.
94–469, set out as a note under section 2601 of this title.

§ 2613. Confidential information
(a) In general
Except as provided in this section, the Administrator shall not disclose information that is
exempt from disclosure pursuant to subsection
(a) of section 552 of title 5 by reason of subsection (b)(4) of that section—
(1) that is reported to, or otherwise obtained
by, the Administrator under this chapter; and
(2) for which the requirements of subsection
(c) are met.
In any proceeding under section 552(a) of title 5
to obtain information the disclosure of which
has been denied because of the provisions of this
subsection, the Administrator may not rely on
section 552(b)(3) of such title to sustain the Administrator’s action.
(b) Information not protected from disclosure
(1) Mixed confidential and nonconfidential information
Information that is protected from disclosure under this section, and which is mixed
with information that is not protected from
disclosure under this section, does not lose its
protection from disclosure notwithstanding
that it is mixed with information that is not
protected from disclosure.
(2) Information from health and safety studies
Subsection (a) does not prohibit the disclosure of—
(A) any health and safety study which is
submitted under this chapter with respect
to—

Page 1723

TITLE 15—COMMERCE AND TRADE

(i) any chemical substance or mixture
which, on the date on which such study is
to be disclosed has been offered for commercial distribution; or
(ii) any chemical substance or mixture
for which testing is required under section
2603 of this title or for which notification
is required under section 2604 of this title;
and
(B) any information reported to, or otherwise obtained by, the Administrator from a
health and safety study which relates to a
chemical substance or mixture described in
clause (i) or (ii) of subparagraph (A).
This paragraph does not authorize the disclosure of any information, including formulas
(including molecular structures) of a chemical
substance or mixture, that discloses processes
used in the manufacturing or processing of a
chemical substance or mixture or, in the case
of a mixture, the portion of the mixture comprised by any of the chemical substances in
the mixture.
(3) Other information not protected from disclosure
Subsection (a) does not prohibit the disclosure of—
(A) any general information describing the
manufacturing volumes, expressed as specific aggregated volumes or, if the Administrator determines that disclosure of specific
aggregated volumes would reveal confidential information, expressed in ranges; or
(B) a general description of a process used
in the manufacture or processing and industrial, commercial, or consumer functions
and uses of a chemical substance, mixture,
or article containing a chemical substance
or mixture, including information specific to
an industry or industry sector that customarily would be shared with the general
public or within an industry or industry sector.
(4) Bans and phase-outs
(A) In general
If the Administrator promulgates a rule
pursuant to section 2605(a) of this title that
establishes a ban or phase-out of a chemical
substance or mixture, the protection from
disclosure of any information under this section with respect to the chemical substance
or mixture shall be presumed to no longer
apply, subject to subsection (g)(1)(E) and
subparagraphs (B) and (C) of this paragraph.
(B) Limitations
(i) Critical use
In the case of a chemical substance or
mixture for which a specific condition of
use is subject to an exemption pursuant to
section 2605(g) of this title, if the Administrator establishes a ban or phase-out described in subparagraph (A) with respect to
the chemical substance or mixture, the
presumption against protection under such
subparagraph shall only apply to information that relates solely to any conditions
of use of the chemical substance or mix-

§ 2613

ture to which the exemption does not
apply.
(ii) Export
In the case of a chemical substance or
mixture for which there is manufacture,
processing, or distribution in commerce
that meets the conditions of section
2611(a)(1) of this title, if the Administrator
establishes a ban or phase-out described in
subparagraph (A) with respect to the
chemical substance or mixture, the presumption against protection under such
subparagraph shall only apply to information that relates solely to any other manufacture, processing, or distribution in commerce of the chemical substance or mixture for the conditions of use subject to
the ban or phase-out, unless the Administrator makes the determination in section
2611(a)(2) of this title.
(iii) Specific conditions of use
In the case of a chemical substance or
mixture for which the Administrator establishes a ban or phase-out described in
subparagraph (A) with respect to a specific
condition of use of the chemical substance
or mixture, the presumption against protection under such subparagraph shall
only apply to information that relates
solely to the condition of use of the chemical substance or mixture for which the ban
or phase-out is established.
(C) Request for nondisclosure
(i) In general
A manufacturer or processor of a chemical substance or mixture subject to a ban
or phase-out described in this paragraph
may submit to the Administrator, within
30 days of receiving a notification under
subsection (g)(2)(A), a request, including
documentation supporting such request,
that some or all of the information to
which the notice applies should not be disclosed or that its disclosure should be delayed, and the Administrator shall review
the request under subsection (g)(1)(E).
(ii) Effect of no request or denial
If no request for nondisclosure or delay
is submitted to the Administrator under
this subparagraph, or the Administrator
denies such a request under subsection
(g)(1)(A), the information shall not be protected from disclosure under this section.
(5) Certain requests
If a request is made to the Administrator
under section 552(a) of title 5 for information
reported to or otherwise obtained by the Administrator under this chapter that is not protected from disclosure under this subsection,
the Administrator may not deny the request
on the basis of section 552(b)(4) of title 5.
(c) Requirements for confidentiality claims
(1) Assertion of claims
(A) In general
A person seeking to protect from disclosure any information that person submits

§ 2613

TITLE 15—COMMERCE AND TRADE

under this chapter (including information
described in paragraph (2)) shall assert to
the Administrator a claim for protection
from disclosure concurrent with submission
of the information, in accordance with such
rules regarding a claim for protection from
disclosure as the Administrator has promulgated or may promulgate pursuant to this
subchapter.
(B) Inclusion
An assertion of a claim under subparagraph (A) shall include a statement that the
person has—
(i) taken reasonable measures to protect
the confidentiality of the information;
(ii) determined that the information is
not required to be disclosed or otherwise
made available to the public under any
other Federal law;
(iii) a reasonable basis to conclude that
disclosure of the information is likely to
cause substantial harm to the competitive
position of the person; and
(iv) a reasonable basis to believe that the
information is not readily discoverable
through reverse engineering.
(C) Additional requirements for claims regarding chemical identity information
In the case of a claim under subparagraph
(A) for protection from disclosure of a specific chemical identity, the claim shall include a structurally descriptive generic
name for the chemical substance that the
Administrator may disclose to the public,
subject to the condition that such generic
name shall—
(i) be consistent with guidance developed
by the Administrator under paragraph
(4)(A); and
(ii) describe the chemical structure of
the chemical substance as specifically as
practicable while protecting those features
of the chemical structure—
(I) that are claimed as confidential;
and
(II) the disclosure of which would be
likely to cause substantial harm to the
competitive position of the person.
(2) Information generally not subject to substantiation requirements
Subject to subsection (f), the following information shall not be subject to substantiation
requirements under paragraph (3):
(A) Specific information describing the
processes used in manufacture or processing
of a chemical substance, mixture, or article.
(B) Marketing and sales information.
(C) Information identifying a supplier or
customer.
(D) In the case of a mixture, details of the
full composition of the mixture and the respective percentages of constituents.
(E) Specific information regarding the use,
function, or application of a chemical substance or mixture in a process, mixture, or
article.
(F) Specific production or import volumes
of the manufacturer or processor.
(G) Prior to the date on which a chemical
substance is first offered for commercial dis-

Page 1724

tribution, the specific chemical identity of
the chemical substance, including the chemical name, molecular formula, Chemical Abstracts Service number, and other information that would identify the specific chemical substance, if the specific chemical identity was claimed as confidential at the time
it was submitted in a notice under section
2604 of this title.
(3) Substantiation requirements
Except as provided in paragraph (2), a person
asserting a claim to protect information from
disclosure under this section shall substantiate the claim, in accordance with such rules
as the Administrator has promulgated or may
promulgate pursuant to this section.
(4) Guidance
The Administrator shall develop guidance
regarding—
(A) the determination of structurally descriptive generic names, in the case of
claims for the protection from disclosure of
specific chemical identity; and
(B) the content and form of the statements
of need and agreements required under paragraphs (4), (5), and (6) of subsection (d).
(5) Certification
An authorized official of a person described
in paragraph (1)(A) shall certify that the
statement required to assert a claim submitted pursuant to paragraph (1)(B), and any information required to substantiate a claim
submitted pursuant to paragraph (3), are true
and correct.
(d) Exceptions to protection from disclosure
Information described in subsection (a)—
(1) shall be disclosed to an officer or employee of the United States—
(A) in connection with the official duties
of that person under any Federal law for the
protection of health or the environment; or
(B) for a specific Federal law enforcement
purpose;
(2) shall be disclosed to a contractor of the
United States and employees of that contractor—
(A) if, in the opinion of the Administrator,
the disclosure is necessary for the satisfactory performance by the contractor of a contract with the United States for the performance of work in connection with this
chapter; and
(B) subject to such conditions as the Administrator may specify;
(3) shall be disclosed if the Administrator determines that disclosure is necessary to protect health or the environment against an unreasonable risk of injury to health or the environment, without consideration of costs or
other nonrisk factors, including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant by
the Administrator under the conditions of use;
(4) shall be disclosed to a State, political
subdivision of a State, or tribal government,
on written request, for the purpose of administration or enforcement of a law, if such entity

Page 1725

TITLE 15—COMMERCE AND TRADE

has 1 or more applicable agreements with the
Administrator that are consistent with the
guidance developed under subsection (c)(4)(B)
and ensure that the entity will take appropriate measures, and has adequate authority,
to maintain the confidentiality of the information in accordance with procedures comparable to the procedures used by the Administrator to safeguard the information;
(5) shall be disclosed to a health or environmental professional employed by a Federal or
State agency or tribal government or a treating physician or nurse in a nonemergency situation if such person provides a written statement of need and agrees to sign a written confidentiality agreement with the Administrator, subject to the conditions that—
(A) the statement of need and confidentiality agreement are consistent with the guidance developed under subsection (c)(4)(B);
(B) the statement of need shall be a statement that the person has a reasonable basis
to suspect that—
(i) the information is necessary for, or
will assist in—
(I) the diagnosis or treatment of 1 or
more individuals; or
(II) responding to an environmental release or exposure; and
(ii) 1 or more individuals being diagnosed
or treated have been exposed to the chemical substance or mixture concerned, or an
environmental release of or exposure to
the chemical substance or mixture concerned has occurred; and
(C) the person will not use the information
for any purpose other than the health or environmental needs asserted in the statement
of need, except as otherwise may be authorized by the terms of the agreement or by the
person who has a claim under this section
with respect to the information;
(6) shall be disclosed in the event of an emergency to a treating or responding physician,
nurse, agent of a poison control center, public
health or environmental official of a State, political subdivision of a State, or tribal government, or first responder (including any individual duly authorized by a Federal agency,
State, political subdivision of a State, or tribal government who is trained in urgent medical care or other emergency procedures, including a police officer, firefighter, or emergency medical technician) if such person requests the information, subject to the conditions that such person shall—
(A) have a reasonable basis to suspect
that—
(i) a medical, public health, or environmental emergency exists;
(ii) the information is necessary for, or
will assist in, emergency or first-aid diagnosis or treatment; or
(iii) 1 or more individuals being diagnosed or treated have likely been exposed
to the chemical substance or mixture concerned, or a serious environmental release
of or exposure to the chemical substance
or mixture concerned has occurred; and

§ 2613

(B) if requested by a person who has a
claim with respect to the information under
this section—
(i) provide a written statement of need
and agree to sign a confidentiality agreement, as described in paragraph (5); and
(ii) submit to the Administrator such
statement of need and confidentiality
agreement as soon as practicable, but not
necessarily before the information is disclosed;
(7) may be disclosed if the Administrator determines that disclosure is relevant in a proceeding under this chapter, subject to the condition that the disclosure is made in such a
manner as to preserve confidentiality to the
extent practicable without impairing the proceeding;
(8) shall be disclosed if the information is required to be made public under any other provision of Federal law; and
(9) shall be disclosed as required pursuant to
discovery, subpoena, other court order, or any
other judicial process otherwise allowed under
applicable Federal or State law.
(e) Duration of protection from disclosure
(1) In general
Subject to paragraph (2), subsection (f)(3),
and section 2607(b) of this title, the Administrator shall protect from disclosure information described in subsection (a)—
(A) in the case of information described in
subsection (c)(2), until such time as—
(i) the person that asserted the claim notifies the Administrator that the person is
withdrawing the claim, in which case the
information shall not be protected from
disclosure under this section; or
(ii) the Administrator becomes aware
that the information does not qualify for
protection from disclosure under this section, in which case the Administrator shall
take any actions required under subsections (f) and (g); and
(B) in the case of information other than
information described in subsection (c)(2)—
(i) for a period of 10 years from the date
on which the person asserts the claim with
respect to the information submitted to
the Administrator; or
(ii) if applicable before the expiration of
such 10-year period, until such time as—
(I) the person that asserted the claim
notifies the Administrator that the person is withdrawing the claim, in which
case the information shall not be protected from disclosure under this section; or
(II) the Administrator becomes aware
that the information does not qualify for
protection from disclosure under this
section, in which case the Administrator
shall take any actions required under
subsections (f) and (g).
(2) Extensions
(A) In general
In the case of information other than information described in subsection (c)(2), not

§ 2613

TITLE 15—COMMERCE AND TRADE

later than the date that is 60 days before the
expiration of the period described in paragraph (1)(B)(i), the Administrator shall provide to the person that asserted the claim a
notice of the impending expiration of the period.
(B) Request
(i) In general
Not later than the date that is 30 days
before the expiration of the period described in paragraph (1)(B)(i), a person reasserting the relevant claim shall submit
to the Administrator a request for extension substantiating, in accordance with
subsection (c)(3), the need to extend the
period.
(ii) Action by Administrator
Not later than the date of expiration of
the period described in paragraph (1)(B)(i),
the Administrator shall, in accordance
with subsection (g)(1)—
(I) review the request submitted under
clause (i);
(II) make a determination regarding
whether the claim for which the request
was submitted continues to meet the relevant requirements of this section; and
(III)(aa) grant an extension of 10 years;
or
(bb) deny the request.
(C) No limit on number of extensions
There shall be no limit on the number of
extensions granted under this paragraph, if
the Administrator determines that the relevant request under subparagraph (B)(i)—
(i) establishes the need to extend the period; and
(ii) meets the requirements established
by the Administrator.
(f) Review and resubstantiation
(1) Discretion of Administrator
The Administrator may require any person
that has claimed protection for information
from disclosure under this section, whether
before, on, or after June 22, 2016, to reassert
and substantiate or resubstantiate the claim
in accordance with this section—
(A) after the chemical substance is designated as a high-priority substance under
section 2605(b) of this title;
(B) for any chemical substance designated
as an active substance under section
2607(b)(5)(B)(iii) of this title; or
(C) if the Administrator determines that
disclosure of certain information currently
protected from disclosure would be important to assist the Administrator in conducting risk evaluations or promulgating rules
under section 2605 of this title.
(2) Review required
The Administrator shall review a claim for
protection of information from disclosure
under this section and require any person that
has claimed protection for that information,
whether before, on, or after June 22, 2016, to
reassert and substantiate or resubstantiate
the claim in accordance with this section—

Page 1726

(A) as necessary to determine whether the
information qualifies for an exemption from
disclosure in connection with a request for
information received by the Administrator
under section 552 of title 5;
(B) if the Administrator has a reasonable
basis to believe that the information does
not qualify for protection from disclosure
under this section; or
(C) for any chemical substance the Administrator
determines
under
section
2605(b)(4)(A) of this title presents an unreasonable risk of injury to health or the environment.
(3) Period of protection
If the Administrator requires a person to reassert and substantiate or resubstantiate a
claim under this subsection, and determines
that the claim continues to meet the relevant
requirements of this section, the Administrator shall protect the information subject to
the claim from disclosure for a period of 10
years from the date of such determination,
subject to any subsequent requirement by the
Administrator under this subsection.
(g) Duties of Administrator
(1) Determination
(A) In general
Except for claims regarding information
described in subsection (c)(2), the Administrator shall, subject to subparagraph (C), not
later than 90 days after the receipt of a
claim under subsection (c), and not later
than 30 days after the receipt of a request for
extension of a claim under subsection (e) or
a request under subsection (b)(4)(C), review
and approve, approve in part and deny in
part, or deny the claim or request.
(B) Reasons for denial
If the Administrator denies or denies in
part a claim or request under subparagraph
(A) the Administrator shall provide to the
person that asserted the claim or submitted
the request a written statement of the reasons for the denial or denial in part of the
claim or request.
(C) Subsets
The Administrator shall—
(i) except with respect to information described in subsection (c)(2)(G), review all
claims or requests under this section for
the protection from disclosure of the specific chemical identity of a chemical substance; and
(ii) review a representative subset, comprising at least 25 percent, of all other
claims or requests for protection from disclosure under this section.
(D) Effect of failure to act
The failure of the Administrator to make
a decision regarding a claim or request for
protection from disclosure or extension
under this section shall not have the effect
of denying or eliminating a claim or request
for protection from disclosure.
(E) Determination of requests under subsection (b)(4)(C)
With respect to a request submitted under
subsection (b)(4)(C), the Administrator shall,

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TITLE 15—COMMERCE AND TRADE

with the objective of ensuring that information relevant to the protection of health and
the environment is disclosed to the extent
practicable, determine whether the documentation provided by the person rebuts
what shall be the presumption of the Administrator that the public interest in the disclosure of the information outweighs the
public or proprietary interest in maintaining the protection for all or a portion of the
information that the person has requested
not be disclosed or for which disclosure be
delayed.
(2) Notification
(A) In general
Except as provided in subparagraph (B)
and subsections (b), (d), and (e), if the Administrator denies or denies in part a claim
or request under paragraph (1), concludes, in
accordance with this section, that the information does not qualify for protection from
disclosure, intends to disclose information
pursuant to subsection (d), or promulgates a
rule under section 2605(a) of this title establishing a ban or phase-out with respect to a
chemical substance or mixture, the Administrator shall notify, in writing, the person
that asserted the claim or submitted the request of the intent of the Administrator to
disclose the information or not protect the
information from disclosure under this section. The notice shall be furnished by certified mail (return receipt requested), by
personal delivery, or by other means that allows verification of the fact and date of receipt.
(B) Disclosure of information
Except as provided in subparagraph (C),
the Administrator shall not disclose information under this subsection until the date
that is 30 days after the date on which the
person that asserted the claim or submitted
the request receives notification under subparagraph (A).
(C) Exceptions
(i) Fifteen day notification
For information the Administrator intends to disclose under subsections (d)(3),
(d)(4), (d)(5), and (j), the Administrator
shall not disclose the information until
the date that is 15 days after the date on
which the person that asserted the claim
or submitted the request receives notification under subparagraph (A), except that,
with respect to information to be disclosed
under subsection (d)(3), if the Administrator determines that disclosure of the
information is necessary to protect
against an imminent and substantial harm
to health or the environment, no prior notification shall be necessary.
(ii) Notification as soon as practicable
For information the Administrator intends to disclose under paragraph (6) of
subsection (d), the Administrator shall notify the person that submitted the information that the information has been disclosed as soon as practicable after disclosure of the information.

§ 2613

(iii) No notification required
Notification shall not be required—
(I) for the disclosure of information
under paragraphs (1), (2), (7), or (8) of
subsection (d); or
(II) for the disclosure of information
for which—
(aa) the Administrator has provided
to the person that asserted the claim a
notice under subsection (e)(2)(A); and
(bb) such person does not submit to
the Administrator a request under subsection (e)(2)(B) on or before the deadline
established
in
subsection
(e)(2)(B)(i).
(D) Appeals
(i) Action to restrain disclosure
If a person receives a notification under
this paragraph and believes the information is protected from disclosure under
this section, before the date on which the
information is to be disclosed pursuant to
subparagraph (B) or (C) the person may
bring an action to restrain disclosure of
the information in—
(I) the United States district court of
the district in which the complainant resides or has the principal place of business; or
(II) the United States District Court
for the District of Columbia.
(ii) No disclosure
(I) In general
Subject to subsection (d), the Administrator shall not disclose information
that is the subject of an appeal under
this paragraph before the date on which
the applicable court rules on an action
under clause (i).
(II) Exception
Subclause (I) shall not apply to disclosure of information described under subsections (d)(4) and (j).
(3) Request and notification system
The Administrator, in consultation with the
Director of the Centers for Disease Control
and Prevention, shall develop a request and
notification system that, in a format and language that is readily accessible and understandable, allows for expedient and swift access to information disclosed pursuant to
paragraphs (5) and (6) of subsection (d).
(4) Unique identifier
The Administrator shall—
(A)(i) develop a system to assign a unique
identifier to each specific chemical identity
for which the Administrator approves a request for protection from disclosure, which
shall not be either the specific chemical
identity or a structurally descriptive generic
term; and
(ii) apply that identifier consistently to all
information relevant to the applicable chemical substance;
(B) annually publish and update a list of
chemical substances, referred to by their
unique identifiers, for which claims to pro-

§ 2614

TITLE 15—COMMERCE AND TRADE

tect the specific chemical identity from disclosure have been approved, including the
expiration date for each such claim;
(C) ensure that any nonconfidential information received by the Administrator with
respect to a chemical substance included on
the list published under subparagraph (B)
while the specific chemical identity of the
chemical substance is protected from disclosure under this section identifies the chemical substance using the unique identifier;
and
(D) for each claim for protection of a specific chemical identity that has been denied
by the Administrator or expired, or that has
been withdrawn by the person who asserted
the claim, and for which the Administrator
has used a unique identifier assigned under
this paragraph to protect the specific chemical identity in information that the Administrator has made public, clearly link the
specific chemical identity to the unique
identifier in such information to the extent
practicable.
(h) Criminal penalty for wrongful disclosure
(1) Individuals subject to penalty
(A) In general
Subject to subparagraph (C) and paragraph
(2), an individual described in subparagraph
(B) shall be fined under title 18 or imprisoned for not more than 1 year, or both.
(B) Description
An individual referred to in subparagraph
(A) is an individual who—
(i) pursuant to this section, obtained
possession of, or has access to, information
protected from disclosure under this section; and
(ii) knowing that the information is protected from disclosure under this section,
willfully discloses the information in any
manner to any person not entitled to receive that information.
(C) Exception
This paragraph shall not apply to any
medical professional (including an emergency medical technician or other first responder) who discloses any information obtained under paragraph (5) or (6) of subsection (d) to a patient treated by the medical professional, or to a person authorized to
make medical or health care decisions on behalf of such a patient, as needed for the diagnosis or treatment of the patient.
(2) Other laws
Section 1905 of title 18 shall not apply with
respect to the publishing, divulging, disclosure, or making known of, or making available, information reported to or otherwise obtained by the Administrator under this chapter.
(i) Applicability
(1) In general
Except as otherwise provided in this section,
section 2607 of this title, or any other applicable Federal law, the Administrator shall have
no authority—

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(A) to require the substantiation or resubstantiation of a claim for the protection
from disclosure of information reported to
or otherwise obtained by the Administrator
under this chapter prior to June 22, 2016; or
(B) to impose substantiation or resubstantiation requirements, with respect to the
protection of information described in subsection (a), under this chapter that are more
extensive than those required under this section.
(2) Actions prior to promulgation of rules
Nothing in this chapter prevents the Administrator from reviewing, requiring substantiation or resubstantiation of, or approving,
approving in part, or denying any claim for
the protection from disclosure of information
before the effective date of such rules applicable to those claims as the Administrator may
promulgate after June 22, 2016.
(j) Access by Congress
Notwithstanding any limitation contained in
this section or any other provision of law, all information reported to or otherwise obtained by
the Administrator (or any representative of the
Administrator) under this chapter shall be made
available, upon written request of any duly authorized committee of the Congress, to such
committee.
(Pub. L. 94–469, title I, § 14, Oct. 11, 1976, 90 Stat.
2034; renumbered title I, Pub. L. 99–519, § 3(c)(1),
Oct. 22, 1986, 100 Stat. 2989; amended Pub. L.
114–182, title I, § 11, June 22, 2016, 130 Stat. 481.)
AMENDMENTS
2016—Pub. L. 114–182 amended section generally. Prior
to amendment, section related to disclosure of data.
EFFECTIVE DATE
Section effective Jan. 1, 1977, see section 31 of Pub. L.
94–469, set out as a note under section 2601 of this title.

§ 2614. Prohibited acts
It shall be unlawful for any person to—
(1) fail or refuse to comply with any requirement of this subchapter or any rule promulgated, order issued, or consent agreement entered into under this subchapter, or any requirement of subchapter II or any rule promulgated or order issued under subchapter II;
(2) use for commercial purposes a chemical
substance or mixture which such person knew
or had reason to know was manufactured,
processed, or distributed in commerce in violation of section 2604 or 2605 of this title, a rule
or order under section 2604 or 2605 of this title,
or an order issued in action brought under section 2604 or 2606 of this title;
(3) fail or refuse to (A) establish or maintain
records, (B) submit reports, notices, or other
information, or (C) permit access to or copying of records, as required by this chapter or a
rule thereunder; or
(4) fail or refuse to permit entry or inspection as required by section 2610 of this title.
(Pub. L. 94–469, title I, § 15, Oct. 11, 1976, 90 Stat.
2036; renumbered title I and amended Pub. L.
99–519, § 3(b)(1), (c)(1), Oct. 22, 1986, 100 Stat. 2988,
2989; Pub. L. 114–182, title I, § 19(l), June 22, 2016,
130 Stat. 508.)