§ 4019. Disclosure of information

• (a) Information submitted by any person in connection with the issuance, amendment, or revocation of a certificate of review shall be exempt from disclosure under section 552 of title 5 .
• (b)
  • (1) Except as provided in paragraph (2), no officer or employee of the United States shall disclose commercial or financial information submitted in connection with the issuance, amendment, or revocation of a certificate of review if the information is privileged or confidential and if disclosure of the information would cause harm to the person who submitted the information.
  • (2) Paragraph (1) shall not apply with respect to information disclosed—
    • (A) upon a request made by the Congress or any committee of the Congress,
    • (B) in a judicial or administrative proceeding, subject to appropriate protective orders,
    • (C) with the consent of the person who submitted the information,
    • (D) in the course of making a determination with respect to the issuance, amendment, or revocation of a certificate of review, if the Secretary deems disclosure of the information to be necessary in connection with making the determination,
    • (E) in accordance with any requirement imposed by a statute of the United States, or
    • (F) in accordance with any rule or regulation promulgated under section 4020 of this title permitting the disclosure of the information to an agency of the United States or of a State on the condition that the agency will disclose the information only under the circumstances specified in subparagraphs (A) through (E).