Page:United States Statutes at Large Volume 94 Part 1.djvu/437

 PUBLIC LAW 96-252—MAY 28, 1980

94 STAT. 387

official relief of the custodian from responsibility for the custody and control of such material, the Commission promptly shall— "(A) designate under paragraph (2)(A) another duly authorized agent to serve as custodian of such material; and "(B) transmit in writing to the person who produced the material or testimony notice as to the identity and address of the successor so designated. Any successor designated under paragraph (2)(A) as a result of the requirements of this paragraph shall have (with regard to the material involved) all duties and responsibilities imposed by this section upon his predecessor in office with regard to such material, except that he shall not be held responsible for any default or dereliction which occurred before his designation. "(c)(1) All information reported to or otherwise obtained by the Commission which is not subject to the requirements of subsection (b) shall be considered confidential when so marked by the person supplying the information and shall not be disclosed, except in accordance with the procedures established in paragraph (2) and paragraph (3). "(2) If the Commission determines that a document marked confidential by the person supplying it may be disclosed because it is not a trade secret or commercial or financial information which is obtained from any person and which is privileged or confidential, within the meaning of section 6(f), then the Commission shall notify such person ^"^e, p. 374. in writing that the Commission intends to disclose the document at a date not less than 10 days after the date of receipt of notification. "(3) Any person receiving such notification may, if he believes disclosure of the document would cause disclosure of a trade secret, or commercial or financial information which is obtained from any person and which is privileged or confidential, within the meaning of section 6(f), before the date set for release of the document, bring an action in the district court of the United States for the district within which the documents are located or in the United States District Court for the District of Columbia to restrain disclosure of the document. Any person receiving such notification may file with the File for stay of appropriate district court or court of appeals of the United States, as disclosure. appropriate, an application for a stay of disclosure. The documents shall not be disclosed until the court has ruled on the application for a stay. "(d)(1) The provisions of subsection (c) shall not be construed to prohibit— "(A) the disclosure of information to either House of the Congress or to any committee or subcommittee of the Congress, except that the Commission immediately shall notify the owner or provider of any such information of a request for information designated as confidential by the owner or provider; "(B) the disclosure of the results of any investigation or study carried out or prepared by the Commission, except that no information shall be identified nor shall information be disclosed in such a manner as to disclose a trade secret of any person supplying the trade secret, or to disclose any commercial or financial information which is obtained from any person and which is privileged or confidential; "(C) the disclosure of relevant and material information in Commission adjudicative proceedings or in judicial proceedings to which the Commission is a party; or

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