15 U.S.C. § 2614 — Prohibited acts

Page 1890 TITLE 15—COMMERCE AND TRADE § 2614 (B) shall be fined under title 18 or impris- oned 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 sec- tion; and (ii) knowing that the information is pro- tected from disclosure under this section, willfully discloses the information in any manner to any person not entitled to re- ceive that information. (C) Exception This paragraph shall not apply to any medical professional (including an emer- gency medical technician or other first re- sponder) who discloses any information ob- tained under paragraph (5) or (6) of sub- section (d) to a patient treated by the med- ical professional, or to a person authorized to make medical or health care decisions on behalf of such a patient, as needed for the di- agnosis or treatment of the patient. (2) Other laws Section 1905 of title 18 shall not apply with respect to the publishing, divulging, disclo- sure, or making known of, or making avail- able, information reported to or otherwise ob- tained by the Administrator under this chap- ter. (i) Applicability (1) In general Except as otherwise provided in this section, section 2607 of this title, or any other applica- ble Federal law, the Administrator shall have no authority— (A) to require the substantiation or re- substantiation 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 resubstan- tiation requirements, with respect to the protection of information described in sub- section (a), under this chapter that are more extensive than those required under this sec- tion. (2) Actions prior to promulgation of rules Nothing in this chapter prevents the Admin- istrator from reviewing, requiring substan- tiation 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 applica- ble 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 in- formation 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 au- thorized 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.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–182 amended section generally. Prior to amendment, section related to disclosure of data. Statutory Notes and Related Subsidiaries 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 require- ment of this subchapter or any rule promul- gated, order issued, or consent agreement en- tered into under this subchapter, or any re- quirement of subchapter II or any rule pro- mulgated 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 viola- tion 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 sec- tion 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 copy- ing of records, as required by this chapter or a rule thereunder; or (4) fail or refuse to permit entry or inspec- tion 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.) Editorial Notes AMENDMENTS 2016—Par. (1). Pub. L. 114–182 substituted ‘‘any re- quirement of this subchapter or any rule promulgated, order issued, or consent agreement entered into under this subchapter, or’’ for ‘‘(A) any rule promulgated or order issued under section 2603 of this title, (B) any re- quirement prescribed by section 2604 or 2605 of this title, (C) any rule promulgated or order issued under section 2604 or 2605 of this title, or (D)’’. 1986—Par. (1)(D). Pub. L. 99–519 added cl. (D). Statutory Notes and Related Subsidiaries 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. § 2615. Penalties (a) Civil (1) Any person who violates a provision of sec- tion 2614 or 2689 of this title shall be liable to the United States for a civil penalty in an amount not to exceed $37,500 for each such viola-