51 
In any proceeding under section 552(a) of title 5, United States Code , 
to obtain information the disclosure of which has been denied because 
of the provisions of this subsection , the Commission may not rely on 
section 552(b) (3) of such title to sustain the Commission's action. 
“(b)(1) In submitting data under this title , a person may (A) 
designate the data which such person believes is entitled to confi- 
dential treatment under subsection ( a ), and (B) submit such desig- 
nated data simultaneously but separately from other data submitted 
under this title. A designation under this paragraph shall be made 
in writing and in such manner as the Commission may prescribe. 
“(2) (A) Except as provided by subparagraph (B), if the Com- 
mission proposes to release for inspection data which has been desig- 
nated under paragraph (1) (A) or any other information which is 
exempt from disclosure pursuant to subsection (a) of section 552 of 
title 5, United States Code , by reason of subsection (b) (I) of such 
section , the Commission shall notify , in writing and by certified mail , 
the person who submitted such data of the intent to release such data. 
If the release of such data is to be made pursuant to a request made 
under section 552(a) of title 5, United States Code , such notice shall 
be given immediately upon approval of such request by the Com- 
mission. The Commission may not release such data u/ntil the expira- 
tion of thirty days after the person who submitted such data has re- 
ceived the notice required by this subparagraph. 
“(B) Subparagraph (A) shall not apply to the release of informa- 
tion under paragraph (1), (2), (3), or (i) of subsection (a), except 
that the Commission may not release data under paragraph (3) of 
subsection (a) unless the Commission has notified each person who 
submitted such data of such release. Such notice shall be made in writ- 
ing by certified mail at least fifteen days before the release of such 
data , except that if the Commission determines that the release of such 
data is necessary to protect against an unreasonable risk of injury to 
health or the environment , such notice may be made by such means 
as the Commission determines will provide notice at least twenty-four 
hours before such release is made. 
“(c)- Any officer or employee of the United States or former officer 
or employee of the United States , who by virtue of such employment 
or official position has obtained possession of, or has access to material 
the disclosure of which is prohibited by subsection (a) or (e) and who 
knowing that disclosure of such material is prohibited by such sub- 
section , willfully discloses the material in any manner to any person 
not entitled^ to receive it, shall be guilty of a misdemeanor and fined 
not more than $10,000 or imprisoned* for not more than one year, or 
both. Section 1905 of title 18, United States Code, does not apply roith 
respect to the publishing , divulging , disclosure , or making known of, 
or making available, information reported or otherwise obtained under 
this title. 
“(d) F or purposes of this section, the term 1 officer or employee of 
the United States' includes — 
“(1) any contractor with the United, States who is furnished 
information as authorized by this section and any employee of any 
such contractor , and 
“(2) any member of an institutional biohazard review commit- 
tee, established pursuant to this part as long as information sub- 
1791] 
