APPENDIX I 
SUGGESTED ELEMENT ON DISCLOSURE OF INFORMATION FOR LEGISLATION 
I. The following is the language proposed by the Commerce Department to appear 
in the section of the suggested elements headed "Disclosure of Information." 
Proprietary information submitted to or otherwise obtained by 
the Secretary or his representatives under this legislation 
should be exempt from disclosure under Title 5, U.S. Code. 
Proprietary information may be disclosed to any officer or 
employee of, or consultant to, the United States for use in 
connection with his official duties under this legislation 
or any other Federal law for the protection of health or the 
environment or other pertinent governmental purposes. 
The question of what is or is not "proprietary" must ultimately 
be determined by a court. The following procedures are recom- 
mended : 
(1) Upon receipt of an appropriate request for Information 
which may be proprietary, the Secretary shall immediately 
Inform the presumed owner of such requested information. 
(2) The presumed owner shall have 30 days within which to 
Inform the Secretary of those portions of the requested 
information, if any, which he regards as proprietary. 
(3) The Secretary shall have 15 days thereafter within 
which he must either agree or disagree with the owner's 
claim to proprietary information. 
(4) If the Secretary agrees with the owner, all information 
labeled as not proprietary may be released, and all 
Information labeled as proprietary shall be defended 
from disclosure by the Secretary in such litigation as 
shall ensue. 
(5) If the Secretary disagrees with any part of the owner's 
claim to proprietary Information, the owner shall have 
the right to substitute himself as defendant in such 
litigation as shall ensue. If the owner is successful 
in defending from release any Information which the 
Secretary would have disclosed, the cost of the owner's 
defense shall be reimbursed to him by the Government. 
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