113 STAT. 210 PUBLIC LAW 10&-40—AUG. 5, 1999 Effective date. Notification. " (iv) AVAILABILITY OF INFORMATION DURING TRANSI- TION PERIOD. —The Administrator shall make off-site consequence analysis information available to covered persons for official use in a manner that meets the requirements of items (cc) through (ee) of clause (ii)(II), and to the public in a form that does not make available any information concerning the identity or location of stationary sources, during the period— "(I) beginning on the date of enactment of this subparagraph; and "(11) ending on the earlier of the date of promulgation of the regulations under clause (ii) or the date that is 1 year after the date of enactment of this subparagraph, " (v) PROHIBITION ON UNAUTHORIZED DISCLOSURE OF INFORMATION BY COVERED PERSONS.— "(I) IN GENERAL. —Beginning on the date of enactment of this subparagraph, a covered person shall not disclose to the public off-site consequence analysis information in any form, or any statewide or national ranking of identified stationary sources derived from such information, except as authorized by this subparagraph (including the regulations promulgated under clause (ii)). After the end of the 1-year period beginning on the date of enactment of this subparagraph, if regulations have not been promulgated under clause (ii), the preceding sentence shall not apply. " (II) CRIMINAL PENALTIES.— Notwithstanding section 113, a covered person that willfully violates a restriction or prohibition established by this subparagraph (including the regulations promulgated under clause (ii)) shall, upon conviction, be fined for an infraction under section 3571 of title 18, United States Code, (but shall not be subject to imprisonment) for each unauthorized disclosure of off-site consequence analysis information, except that subsection (d) of such section 3571 shall not apply to a case in which the offense results in pecuniary loss unless the defendant knew that such loss would occur. The disclosure of off-site consequence analysis information for each specific stationary source shall be considered a separate offense. The total of all penalties that may be imposed on a single person or organization under this item shall not exceed $1,000,000 for violations committed during any 1 calendar year. "(Ill) APPLICABILITY.— If the owner or operator of a stationary source makes off-site consequence analysis information relating to that stationary source available to the public without restriction— "(aa) subclauses (I) and (II) shall not apply with respect to the information; and "(bb) the owner or operator shall notify the Administrator of the public availability of the information.
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