---
kind: "section"
citation: "42 U.S.C. § 9122"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9122"
heading: "Recordkeeping and public access to information"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/9122"
units:
  - "Chapter 99 — Ocean Thermal Energy Conversion"
  - "Subchapter I — Regulation of Ocean Thermal Energy Conversion Facilities and Plantships"
---

# §9122. Recordkeeping and public access to information

- (a) **Records and reports—** Each [licensee](/usc/42/9102.md?p=10) shall establish and maintain such records, make such reports, and provide such information as the [Administrator](/usc/42/9102.md?p=2), after consultation with other interested Federal departments and [agencies](/usc/42/8262.md?p=1), shall by regulation prescribe to carry out the provisions of this chapter. Each [licensee](/usc/42/9102.md?p=10) shall submit such reports and shall make available such records and information as the [Administrator](/usc/42/9102.md?p=2) may request.
- (b) **Confidential information—** Any information reported to or collected by the [Administrator](/usc/42/9102.md?p=2) under this chapter which is exempt from disclosure pursuant to [section 552(b)(4) of title 5](/usc/5/552.md?p=b-4) (relating to trade secrets and commercial or financial information which is privileged or confidential) shall not—
  - (1) be publicly disclosed by the [Administrator](/usc/42/9102.md?p=2) or by any other officer or employee of the United States, unless the [Administrator](/usc/42/9102.md?p=2) has—
    - (A) determined that the disclosure is necessary to protect the public health or safety or the environment against an unreasonable risk of injury, and
    - (B) notified the [person](/usc/42/9102.md?p=14) who submitted the information 10 days before the disclosure is to be made, unless the delay resulting from such notice would be detrimental to the public health or safety or the environment, or
  - (2) be otherwise disclosed except—
    - (A)
      - (i) to other Federal and [adjacent coastal State](/usc/42/9102.md?p=1) government departments and [agencies](/usc/42/8262.md?p=1) for official use,
      - (ii) to any committee of the Congress of appropriate jurisdiction, or
      - (iii) pursuant to court order, and
    - (B) when the [Administrator](/usc/42/9102.md?p=2) has taken appropriate steps to inform the recipient of the confidential nature of the information.

## Source credit

(Pub. L. 96–320, title I, § 112, Aug. 3, 1980, 94 Stat. 989; Pub. L. 98–623, title VI, § 602(e)(3), (18), Nov. 8, 1984, 98 Stat. 3412.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables.

### Amendments

1984—Subsec. (b). Pub. L. 98–623, § 602(e)(3), substituted “(relating to trade secrets and commercial or financial information which is privileged or confidential)” for “(relating to trade secrets and confidential commercial and financial information)”.

Subsec. (b)(2)(B). Pub. L. 98–623, § 602(e)(18), substituted “Administrator” for “administrator”.