Page:United States Statutes at Large Volume 112 Part 4.djvu/911

 PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-882 SEC. 404. CONFroENTIALITY OF INFORMATION. 22 USC 6744. (a) FREEDOM OF INFORMATION ACT EXEMPTION FOR CERTAIN CONVENTION INFORMATION, —Except as provided in subsection (b) or (c), any confidential business information, as defined in section 103(g), reported to, or otherwise acquired by, the United States Government under this Act or under the Convention shall not be disclosed under section 552(a) of title 5, United States Code. (b) EXCEPTIONS.— (1) INFORMATION FOR THE TECHNICAL SECRETARIAT. — Information shall be disclosed or otherwise provided to the Technical Secretariat or other states parties to the Chemical Weapons Convention in accordance with the Convention, in particular, the provisions of the Annex on the Protection of Confidential Information. (2) INFORMATION FOR CONGRESS.— Information shall be made available to any committee or subcommittee of Congress with appropriate jurisdiction upon the written request of the chairman or ranking minority member of such committee or subcommittee, except that no such committee or subcommittee, and no member and no staff" member of such committee or subcommittee, shall disclose such information or material except as otherwise required or authorized by law. (3) INFORMATION FOR ENFORCEMENT ACTIONS. — Information shall be disclosed to other Federal agencies for enforcement of this Act or any other law, and shall be disclosed or otherwise provided when relevant in any proceeding under this Act or any other law, except that disclosure or provision in such a proceeding shall be made in such manner as to preserve confidentiality to the extent practicable without impairing the proceeding. (c) INFORMATION DISCLOSED IN THE NATIONAL INTEREST. — (1) AUTHORITY.—The United States Government shall disclose any information reported to, or otherwise required by the United States Government under this Act or the Convention, including categories of such information, that it determines is in the national interest to disclose and may specify the form in which such information is to be disclosed. (2) NOTICE OF DISCLOSURE.— (A) REQUIREMENT.—I f any Department or agency of the United States Government proposes pursuant to paragraph (1) to publish or disclose or otherwise provide information exempt from disclosure; under subsection (a), the United States National Authority shall, unless contrary to national security or law enforcement needs, provide notice of intent to disclose the information— (i) to the person that submitted such information; and (ii) in the case of information about a person received from another source, to the person to whom that information pertains. The information may not be disclosed until the expiration of 30 days after notice under this paragraph has been provided. (B) PROCEEDINGS ON OBJECTIONS.— In the event that the person to which the information pertains objects to the disclosure, the agency shall promptly review the grounds for each objection of the person and shall afford

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