Sec. 14. Disclosure of data
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Section 14 of the Toxic Substances Control Act ( 15 U.S.C. 2613 ) is amended to read as follows: Subject to paragraph
(2)and except as provided under subsections
(b)and (e), any information reported to, or otherwise obtained by, the Administrator (or any representative of the Administrator) that is exempt from disclosure under subsection
(a)of section 552 of title 5, United States Code, (commonly known as the Freedom of Information Act ) under subsection (b)(4) of that section, shall not be disclosed by the Administrator or by any officer or employee of the United States, unless the designation of the information as exempt from disclosure is prohibited under Federal law. Notwithstanding any other provision of law, the Administrator shall disclose the information described in paragraph (1)— to any officer or employee of the United States— in connection with the official duties of that officer or employee under any law for the protection of human health or the environment; or for specific law enforcement purposes; to a contractor with the United States and employees of that contractor 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 entered into on or after the date of enactment of the Safe Chemicals Act of 2013 for the performance of work in connection with this Act and under such conditions as the Administrator may specify; if the Administrator determines that the disclosure is necessary to protect human health or the environment; on request, to a State or tribal government for the purpose of development or potential development, administration, or enforcement of a law, if 1 or more applicable agreements ensure that the recipient government will take appropriate steps, and has adequate authority, to maintain the confidentiality of the information in accordance with procedures comparable to those which the Administrator uses to safeguard the information; and on request, to public health or environmental health professionals or medical personnel if the Administrator determines that— disclosure is in the public interest; the recipient does not have a conflict of interest or competitive interest with respect to the submitter of the information; and 1 or more applicable agreements are in place to ensure that the recipient of the information provides comparable protections to those provided by the Administrator to maintain the confidentiality of the information. Notwithstanding any other provision of law, the Administrator may disclose the information described in paragraph
(1)if relevant, in any proceeding under this Act, except that disclosure in such a proceeding shall be made in such manner as to preserve confidentiality to the maximum extent practicable without impairing the proceeding. In any proceeding under section 552(a) of title 5, United States Code (commonly referred to as the Freedom of Information Act ), to obtain information, the disclosure of which has been denied pursuant to this section, the Administrator may not rely on subsection (b)(3) of that section to sustain the action of the Administrator. Subject to subsection (a)(2) and any other applicable provision of Federal law, the Administrator shall review and approve a request that conforms to the requirements described in subsection (c)(2) to treat as confidential under this section the following information: Precise information describing the manufacture, processing, or distribution of a chemical substance or mixture. Marketing and sales information. Information identifying the customers of a manufacturer, processor, or distributor. Details of the full composition of a mixture of a particular manufacturer or processor. Precise information about the use, function, or application of a chemical substance or mixture in a process, mixture, or product of a particular manufacturer or processor. Precise production or import volumes of a particular manufacturer, processor, or distributor. Subject to subsection
(a)and any other applicable provision of Federal law, and except as provided in paragraphs
(1)and (3), information submitted by a manufacturer, processor, or distributor to the Administrator may be protected if the manufacturer, processor, or distributor complies with subsection (c)(2) and the Administrator determines that a request to maintain the confidentiality of the information meets the applicable requirements of this subsection and any rule promulgated by the Administrator under subsection (c)(1). Notwithstanding subparagraph (A), the Administrator shall not disclose precise information on the identity of a chemical substance if— the manufacturer or processor of the substance has, in accordance with subsection (c)(2)— included in a notice under section 5(b) a request, including a justification and documentation for the request, that the identity of the substance be treated as confidential business information; or submitted to the Administrator not later than 180 days after the date of enactment of the Safe Chemicals Act of 2013 a request, including a justification and documentation for the request, that the identity of a substance for which a notice has been submitted under section 5(b) as of the date of enactment of the Safe Chemicals Act of 2013 be treated as confidential business information; and the Administrator determines that— the request complies with all applicable requirements of this section; the chemical identity is not readily discoverable through reverse engineering; the manufacturer or processor takes reasonable measures to protect the confidentiality of the chemical substance; no other Federal statute requires disclosure; disclosure of the identity of the chemical substance would cause financial or competitive harm to the manufacturer or processor; the chemical substance is not, based on information that is initially available or that later becomes available to the Administrator, a known or probable reproductive, developmental, neurological, or immunological toxicant, carcinogen, or mutagen; the chemical substance is not persistent, bioaccumulative, and toxic; and if a safety standard determination has been made for a chemical substance, the Administrator determines that the chemical substance meets the applicable safety standard either under current conditions or under additional conditions required by the Administrator. In cases where all of the requirements specified in clause
(i)are met— the notice required to be made public by the Administrator under section 5(f)(3) shall include a justification for the determination of the Administrator and identify the chemical substance by generic class unless the Administrator determines that more specific identification is required in the public interest; and as part of a claim to protect the identity of a chemical substance under subsection (c)(2), a manufacturer or processor may provide a public name for the chemical substance for use by the Administrator when sharing information on the chemical substance under this subsection. The public names should disclose a maximum amount of information on the chemical structure of the substance, while protecting those features of the chemical structure that are considered confidential and the disclosure of which would potentially harm the owner of that information. Notwithstanding subsection (c)(1)(B)(iv), the identity of a chemical substance for which a request has been submitted pursuant to clause (i)(I) and meets the requirements of clause
(i)shall be protected as confidential business information— for such period of time as the Administrator, after reviewing the request, determines to be reasonable; and upon expiration of a time period specified under this clause, for an additional 5-year period, if the Administrator, after reviewing the request, determines that the request for protection continues to meet the criteria established in this subparagraph. The Administrator shall annually publish a notice that— includes an updated, cumulative list of each new chemical substance for which the Administrator has approved a request to protect information under this paragraph, identified by a unique identifier, other than the precise chemical identity, and including the period of time for which the protection applies; and for each chemical substance for which the protection provided under this paragraph has expired, provides the precise identity of the chemical substance, and provides public access to any information that had been submitted to the Administrator which concealed the identity of the chemical substance in accordance with this paragraph. Notwithstanding subparagraph (A), the Administrator may determine not to disclose information relating to the degree of purity or the identity of impurities present in a chemical substance or mixture if the Administrator determines that knowledge of the information would reveal processes used in the manufacturing or processing of the chemical substance or mixture. Except as provided in paragraph (2), the Administrator shall disclose the following information: The identity of a chemical substance. Any safety standard determination developed under section 6, including supporting analysis developed by the Administrator. Any health and safety study data that is submitted under this Act with respect to— any chemical substance or mixture— that has been offered for commercial distribution as of the date on which the study is to be disclosed; or for which testing is required under section 4 or for which notification is required under section 5; and any data reported to, or otherwise obtained by, the Administrator from a health and safety study that relates to a chemical substance or mixture described in subclause (I). Health and safety data in notices of substantial risk submitted pursuant to section 8(l) and in the underlying studies. General information describing the manufacturing volumes, expressed in ranges, and industrial, commercial, or consumer functions and uses of a chemical substance or mixture. Any information indicating the presence of a chemical substance in consumer products intended for use, or reasonably expected to be used, by children aged 14 years or younger, if— the Administrator, or another authoritative body, has determined that the chemical substance— is a known or probable reproductive, developmental, neurological, or immunological toxicant, carcinogen, or mutagen; or is persistent, bioaccumulative, and toxic; or for a chemical substance for which a safety standard determination has been made, the Administrator has not found that the chemical substance meets the safety standard. Nothing in this paragraph authorizes the release of any data that discloses a process used in the manufacturing or processing of a chemical substance or mixture, or in the case of a mixture, the release of data disclosing the portion of the mixture comprised by any of the chemical substances in the mixture. Except as provided in paragraph (2), if the Administrator receives a request for information under section 552(a) of title 5, United States Code, (commonly known as the Freedom of Information Act ) for information described in subparagraph (A), which is not information described in subparagraph (B), the Administrator shall not deny the request under subsection (b)(4) of that section. Not later than 1 year after the date of enactment of the Safe Chemicals Act of 2013 , the Administrator shall promulgate rules that specify— the acceptable bases on which written requests to maintain confidentiality of information may be approved, which shall be consistent with the requirements of this section; the nature of the documentation and justification that must accompany such a request; and the types of information the Administrator determines warrant protection for an indefinite period of time, for which the term of confidentiality specified in subparagraph (B)(iv)(I) shall not apply. Not later than 90 days after the date of receipt of information under paragraph (2), the Administrator shall review a request to maintain confidentiality of information submitted under this Act and determine whether to approve, modify, or deny that request based on the regulations promulgated by the Administrator under subparagraph (A). The Administrator shall, in accordance with clause (i)— review all requests received to maintain confidentiality of submitted information; or if it is not feasible for the Administrator to review all of the requests— review all requests relating to information described in subsection (b)(2)(B); and review a representative subset that includes not less than 25 percent of all other requests received; and publish in the Federal Register on at least an annual basis a description of the number and types of requests received and reviewed by the Administrator. If a request to maintain confidentiality of submitted information is denied in accordance with subparagraph (D), the Administrator shall promptly make the information available to the public in accordance with section 8(i)(2). If a request to maintain confidentiality of submitted information is approved, the Administrator shall— except with respect to requests subject to a rule issued pursuant to subparagraph (A)(iii) and requests submitted pursuant to subsection (b)(2)(B)(i)(I), specify a time period not to exceed 5 years for which the submitted information shall be kept confidential, unless the information otherwise becomes available to the public during the period; and upon the expiration of the protection period, make the information available to the public unless the manufacturer, processor, or distributor has submitted, documented, and justified to the satisfaction of the Administrator and in accordance with this subsection the basis for a renewal of the protection, for a time period not to exceed 5 years. Nothing in subparagraph
(A)or
(B)limits the authority of the Administrator to determine that particular information, previously treated as confidential, is no longer entitled to confidential treatment. Except as provided in clause (ii), if the Administrator proposes to release information for which a request for confidential treatment has been approved under this section, the Administrator shall electronically notify the manufacturer, processor, or distributor in commerce who submitted the request of the intent of the Administrator to release the information not less than 15 days prior to the release of the information. The Administrator shall release the information described in clause
(i)in accordance with the disclosure and procedural requirements of section 552 of title 5, United States Code (commonly known as the ‘Freedom of Information Act’), except that— if the release of the information is to be made pursuant to a request made under section 552(a) of title 5, United States Code, the notice shall be given immediately upon approval of the request by the Administrator; if the Administrator determines that the release of information pursuant to subsection (a)(2)(A)(iii) is necessary to protect against imminent and substantial harm to human health or the environment, no notice shall be required; and the requirements of this subparagraph shall not apply to the release of information under— clauses
(i)through
(iii)of subsection (a)(2)(A); or subsection (b)(3)(A). In submitting data under this Act, a manufacturer, processor, or distributor in commerce may— designate information, other than information described in subsection (b)(3), for which the manufacturer, processor, or distributor requests confidential treatment under subsection
(a)or (b); and submit the designated data separately from other data submitted under this Act. A designation under this paragraph shall be made in writing and in such manner as the Administrator may prescribe, and shall include— documentation and justification for each request for confidentiality, except for requests relating to the information described in subsection (b)(1); the period of time for which maintenance of confidentiality of the information is requested except with respect to requests subject to a rule issued pursuant to subsection (c)(1)(A)(iii); a certification that the information is not otherwise publicly available; separate copies of all submitted information, with 1 copy containing and 1 copy excluding the information to which the request applies; and any additional information required by the Administrator. Prior to the expiration of the specified time period determined by the Administrator under paragraph (1)(B)(iv), a manufacturer, processor, or distributor may submit a request for renewal of protection for protected information. This request for renewal shall follow the same procedures and requirements as the initial submission under subparagraphs
(A)and (B). Any officer or employee of the United States or former officer or employee of the United States, who, by virtue of employment or official position has obtained possession of, or has access to, material the disclosure of which is prohibited by subsection (a), and who knowing that disclosure of the material is prohibited by that subsection, willfully discloses the material in any manner to any person not entitled to receive the information, shall be subject to appropriate disciplinary action and subject to a civil money penalty of not more than $10,000 for each violation. Section 1905 of title 18, United States Code, shall not apply with respect to the publishing, divulging, disclosure, making known, or making available of, information reported or otherwise obtained under this Act. For the purposes of paragraph (1), any contractor with the United States who is furnished information as authorized by subsection (a)(2), including any employee of such a contractor, shall be considered to be an employee of the United States. Any officer or employee of a company that submits information under this Act who willfully designates information as eligible for confidential treatment, knowing that the information is ineligible for such treatment, shall be subject to a civil money penalty of not more than $10,000 for each such violation. Notwithstanding 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 Act shall be made available, on written request of any duly authorized committee of Congress, to that committee. The Administrator shall facilitate the sharing of information that pertains to chemical substances or mixtures or articles containing chemical substances that workers may come into contact with or may otherwise be exposed to during the course of work with those workers and representatives of each certified or recognized bargaining agent representing those workers. Nothing in this subsection authorizes disclosure of information other than those disclosures that may be made pursuant to subsections
(a)through (e). .
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Sec. 14
Disclosure of data
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