Sec. 6. Disclosure of data
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/bill/114/hr/2576/eh/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 14 of the Toxic Substances Control Act ( 15 U.S.C. 2613 ) is amended— in subsection (a)— by striking or at the end of paragraph (3); by striking the period at the end of paragraph
(4)and inserting a semicolon; and by adding after paragraph
(4)the following new paragraphs: may be disclosed to a State, local, or tribal government official upon request of the official for the purpose of administration or enforcement of a law; and shall be disclosed upon request— to a health or environmental professional employed by a Federal or State agency in response to an environmental release; or to a treating physician or other health care professional to assist in the diagnosis or treatment of one or more individuals. ; in subsection (b)(1), in the matter following subparagraph (B)— by striking data which discloses and inserting data that disclose formulas (including molecular structures) of a chemical substance or mixture, ; by striking mixture or, and inserting mixture, or, ; and by striking the release of data disclosing ; in subsection (c)— by striking the subsection heading and inserting ; Designating and substantiating confidentiality.— by amending paragraph
(1)to read as follows: In submitting information under this Act after date of enactment of the TSCA Modernization Act of 2015 , a manufacturer, processor, or distributor in commerce shall designate the information which such person believes is entitled to protection under this section, and submit such designated information separately from other information submitted under this Act. A designation under this subparagraph shall be made in writing and in such manner as the Administrator may prescribe, and shall include— justification for each designation of confidentiality; a certification that the information is not otherwise publicly available; and separate copies of all submitted information, with one copy containing and one copy excluding the information to which the request applies. Designations made under subparagraph
(A)after the date of enactment of the TSCA Modernization Act of 2015 shall expire after 10 years, at which time the information shall be made public unless the manufacturer, processor, or distributor in commerce has reasserted the claim for protection, in writing and in such manner as the Administrator may prescribe, including all of the elements required for the initial submission. Not later than 60 days prior to making information public under subparagraph (B), the Administrator shall notify, as appropriate and practicable, the manufacturer, processor, or distributor in commerce who designated the information under subparagraph
(A)of the date on which such information will be made public unless a request for renewal is granted under subparagraph (B). ; and in paragraph (2)— in subparagraph (A), by inserting , for a reason other than the expiration of such designation pursuant to paragraph (1)(B), before proposes to release ; and in subparagraph (B)(i), by striking or
(4)and inserting (4), or
(6); and by adding at the end the following new subsections: No person who receives information as permitted under subsection
(a)may use such information for any purpose not specified in such subsection, nor disclose such information to any person not authorized to receive such information. Nothing in this section shall be construed to affect the applicability of State or Federal rules of evidence or procedure in any judicial proceeding. .
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