View all text of Subchapter II [§ 1731 - § 1736]
§ 1733. Information
(a) Availability of confidential information by Secretary pursuant to cooperative agreements; conditions
Trade secrets, proprietary and other confidential information shall be made available by the Secretary, pursuant to a cooperative agreement, to a State or Indian tribe upon request only if—
(1) such State or Indian tribe consents in writing to restrict the dissemination of the information to those who are directly involved in an audit or investigation under this chapter and who have a need to know;
(2) such State or tribe accepts liability for wrongful disclosure;
(3) in the case of a State, such State demonstrates that such information is essential to the conduct of an audit or investigation or to litigation under section 1734 of this title; and
(4) in the case of an Indian tribe, such tribe demonstrates that such information is essential to the conduct of an audit or investigation and waives sovereign immunity by express consent for wrongful disclosure by such tribe.
(b) Nonliability of United States for wrongful disclosure
(c) Law governing disclosure
(Pub. L. 97–451, title II, § 203, Jan. 12, 1983, 96 Stat. 2458.)