Page:United States Statutes at Large Volume 100 Part 2.djvu/652

 100 STAT. 1754 j

PUBLIC LAW 99-499—OCT. 17, 1986 (c) CIVIL AND ADMINISTRATIVE PENALTIES FOR REPORTING REQUIRE-

MENTS.—(1) Any person (other than a governmental entity) who violates any requirement of section 312 or 313 shall be liable to the United States for a civil penalty in an amount not to exceed $25,000 for each such violation. (2) Any person (other than a governmental entity) who violates any requirement of section 311 or 323(b), and any person who fails to furnish to the Administrator information required under section 322(a)(2) shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation. (3) Each day a violation described in paragraph (1) or (2) continues shall, for purposes of this subsection, constitute a separate violation. (4) The Administrator may assess any civil penalty for which a person is liable under this subsection by administrative order or may bring an action to assess and collect the penalty in the United States district court for the district in which the person from whom the penalty is sought resides or in which such person's principal place of business is located. (d) CrviL, ADMINISTRATIVE, AND CRIMINAL PENALTIES WITH RESPECT TO TRADE SECRETS.— (1) CIVIL AND ADMINISTRATIVE PENALTY

FOR FRIVOLOUS

CLAIMS.—If the Administrator determines— (A)(i) under section 322(d)(4) that an explanation submitted by a trade secret claimant presents insufficient asser,v^ tions to support a finding that a specific chemical identity is ^.. a trade secret, or (ii) after receiving supplemental supporting detailed information under section 322(d)(3)(A), that the ij, specific chemical identity is not a trade secret; and • (B) that the trade secret claim is frivolous, the trade secret claimant is liable for a penalty of $25,000 per claim. The Administrator may assess the penalty by administrative order or may bring an action in the appropriate district court of the United States to assess and collect the penalty. (2)

CRIMINAL PENALTY FOR DISCLOSURE OF TRADE SECRET

INFORMATION.—Any person who knowingly and willfully divulges or discloses any information entitled to protection under section 322 shall, upon conviction, be subject to a fine of not more than $20,000 or to imprisonment not to exceed one year, or both. (e) SPECIAL ENFORCEMENT PROVISIONS FOR SECTION 323.—Whenever any facility owner or operator required to provide information under section 323 to a health professional who has requested such information fails or refuses to provide such information in accordance with such section, such health professional may bring an action in the appropriate United States district court to require such facility owner or operator to provide the information. Such court shall have jurisdiction to issue such orders and take such other action as may be necessary to enforce the requirements of section 323. (0 PROCEDURES FOR ADMINISTRATIVE PENALTIES.—

Records.

(1) Any person against whom a civil penalty is assessed under this section may obtain review thereof in the appropriate district court of the United States by filing a notice of appeal in such court within 30 days after the date of such order and by the Administrator. The Administrator shall promptly file in such court a certified copy of the record upon which such
 * simultaneously sending a copy of such notice by certified mail to

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