For purposes of this section:
then the custodian shall, upon written request of the person who produced the material, return to the person any such material which has not been received into the record of any such proceeding (other than copies of such material made by the custodian pursuant to paragraph (3)(B)).
Nothing in the preceding sentence authorizes the disclosure of material obtained in connection with the administration of the Federal antitrust laws or foreign antitrust laws (as defined in paragraphs (5) and (7), respectively, of section 6211 of this title) to any officer or employee of a foreign law enforcement agency.
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.
Nothing in this section shall supersede any statutory provision which expressly prohibits or limits particular disclosures by the Commission, or which authorizes disclosures to any other Federal agency.
Any material which is received by the Commission in any investigation, a purpose of which is to determine whether any person may have violated any provision of the laws administered by the Commission, and which is provided pursuant to any compulsory process under this subchapter or which is provided voluntarily in place of such compulsory process shall not be required to be disclosed under section 552 of title 5 or any other provision of law, except as provided in paragraph (2)(B) of this section.
Except as provided in subparagraph (B) of this paragraph, the Commission shall not be required to disclose under section 552 of title 5 or any other provision of law-
Nothing in this subsection shall authorize the Commission to withhold information from the Congress or prevent the Commission from complying with an order of a court of the United States in an action commenced by the United States or the Commission.
1See References in Text note below.
15 U.S.C. § 57b-2
Amendment of Section For repeal of amendment by section 13 of Pub. L. 109-455 see Termination Date of 2006 Amendment note below.
EDITORIAL NOTES
REFERENCES IN TEXTSection 552(e) of title 5, referred to in subsec. (a)(2), was redesignated section 552(f) of Title 5, Government Organization and Employees, by section 1802(b) of Pub. L. 99-570.Section 4605(j) of title 50, referred to in subsec. (b)(6)(D), was repealed by Pub. L. 115-232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232. For provisions similar to those of former section 4605(j) of title 50, see section 4813(c) of title 50, as enacted by Pub. L. 115-232.Section 3512 of title 44, referred to in subsec. (d)(1)(D), which related to requirements for the collection of information by independent Federal regulatory agencies, was a part of chapter 35 of Title 44, Public Printing and Documents. Chapter 35 was amended generally by the Paperwork Reduction Act of 1980 (Pub. L. 96-511) and subsequently by the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
PRIOR PROVISIONSA prior section 21 of act Sept. 26, 1914, ch. 311, was renumbered section 28 and is classified to section 58 of this title.
AMENDMENTS2012- Pub. L. 112-203, §1, amended Pub. L. 109-455, §13. See 2006 Amendment notes below.2006-Subsec. (b)(6). Pub. L. 109-455, §6(a), which inserted at end "The custodian may make such material available to any foreign law enforcement agency upon the prior certification of an appropriate official of any such foreign law enforcement agency, either by a prior agreement or memorandum of understanding with the Commission or by other written certification, that such material will be maintained in confidence and will be used only for official law enforcement purposes, if-", added subpars. (A) to (D) setting forth conditions for making materials available to foreign law enforcement agencies, and inserted concluding provisions restricting disclosure of certain antitrust materials, was repealed by Pub. L. 109-455, §13, as amended by Pub. L. 112-203, §1. See Termination Date of 2006 Amendment note below.Subsec. (f). Pub. L. 109-455, §6(b), which inserted heading "Exemption from public disclosure" and amended text of subsec. (f) generally, was repealed by Pub. L. 109-455, §13, as amended by Pub. L. 112-203, §1. Prior to amendment by section 6(b), text read as follows: "Any material which is received by the Commission in any investigation, a purpose of which is to determine whether any person may have violated any provision of the laws administered by the Commission, and which is provided pursuant to any compulsory process under this subchapter or which is provided voluntarily in place of such compulsory process shall be exempt from disclosure under section 552 of title 5." See Termination Date of 2006 Amendment note below. 1994-Subsec. (a)(1). Pub. L. 103-312, §8(1), inserted "tangible things," after "documentary material,".Subsec. (b)(1). Pub. L. 103-312, §8(2), inserted ",tangible thing," after "document".Subsec. (b)(2)(A). Pub. L. 103-312, §8(3), inserted "tangible things," after "documentary material,".Subsec. (b)(3). Pub. L. 103-312, §8(4), in subpar. (A), inserted "tangible things," after "documentary material,", in subpar. (B), inserted ",and may make tangible things available," after "transcripts of oral testimony" and ",things," after "such material", in subpar. (C), inserted "tangible things," after "documentary material," and ",things," after "material", and in subpar. (D)(i), inserted ",tangible things," after "documentary material". Subsec. (b)(4), (5). Pub. L. 103-312, §8(5), (6), inserted "tangible things," after "documentary material,".Subsec. (b)(6). Pub. L. 103-312, §8(7), inserted "The custodian of any tangible things may make such things available for inspection to such persons on the same basis." after first sentence, and "results of inspections of tangible things," after "Such documentary material,". Subsec. (b)(7). Pub. L. 103-312, §8(8), inserted "tangible things," after "documentary material,".
STATUTORY NOTES AND RELATED SUBSIDIARIES
TERMINATION DATE OF 2006 AMENDMENT Amendment by section 6 of Pub. L. 109-455 repealed effective Sept. 30, 2027, and provisions amended by Pub. L. 109-455 to be amended to read as if Pub. L. 109-455 had not been enacted, see section 13 of Pub. L. 109-455 set out as a note under section 44 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-312 applicable only with respect to compulsory process issued after Aug. 26, 1994, see section 15(d) of Pub. L. 103-312 set out as a note under section 45 of this title.
EFFECTIVE DATESection effective May 28, 1980, see section 23 of Pub. L. 96-252 set out as an Effective Date of 1980 Amendment note under section 45 of this title.
- Administration
- the terms "Administration" and "Administrator" mean the Small Business Administration and the Administrator thereof, respectively; and