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with agency regulations promulgated pursuant to paragraph (4)(B)(i), if such designation is required by the

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agency;

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“(i) the agency determines, prior to giving such notice, that the request should be denied;

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“(ii) the disclosure is required by law (other than

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“(iv) the information lawfully has been published

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or otherwise made available to the public.

10 “(D) If a submitter has objected, pursuant to subpara11 graph (B)(iii), to disclosure of information that the agency 12 determines to be exempt from disclosure under subsection

13 (b)(4), the agency shall not release such information unless

14 the agency determines in writing that the failure to disclose 15 the records would injure an overriding public interest and 16 disclosure is not otherwise prohibited by law.”.

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AMENDMENTS RELATING TO JUDICIAL REVIEW

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Sec. 5. Paragraph (4) of section 552(a) of title 5, United

19 States Code, is amended

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(a) by amending redesignated subparagraph (E) to

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“(E) On complaint filed by a requester within ninety 23 days from the date of final agency action or by a submitter 24 prior to the release of submitted information, the district

25 court of the United States in the district in which the com

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1 plainant resides, or has his principal place of business, or in

2 which the agency records are situated, or in the District of

3 Columbia, has jurisdiction4

“(i) to enjoin the agency from withholding agency

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records and to order the production of any agency

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records improperly withheld from the requester; or

"(i) to enjoin the agency from any disclosure of records which was objected to by a submitter under subparagraph (B)(iii) or which would have been objected to had notice been given as required by subparagraph (B)(ü).";

(b) by adding after subparagraph (E) the following

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new subparagraphs:
(F) In an action based on a complaint-

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“(i) by a requester, the court shall have jurisdiction over any submitter of information contained in the

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requested records, and any such submitter may inter

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“(ü) by a submitter, the court shall have jurisdiction over any requester of records containing information which the submitter seeks to have withheld, and

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any such requester may intervene as of right in the

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24 "(G) The agency that is the subject of the complaint 25 shall promptly, upon service of a complaint

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“(i) seeking the production of records, notify each

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submitter of information contained in the requested

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records that the complaint was filed; and

“(ii) seeking the withholding of records, notify each requester of the records that the complaint was

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filed.

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“(H) In any action in which a requester is an intervenor

8 or is joined the court shall on timely motion of the requester

9 transfer the action to a district court which would have had

10 jurisdiction had the action been brought by the requester,

11 unless the court otherwise directs for good cause shown.

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“(I) In a case in which a record is withheld under sub

13 section (b)(1), the court shall not enjoin the agency from

14 withholding such record unless the agency's action is found

15 to be arbitrary or capricious. In all other cases, the court 16 shall determine the matter de novo. The court may examine 17 the contents of requested agency records in camera to deter

18 mine whether such records or any part thereof shall be with19 held under any of the exemptions set forth in subsection (b) of

20 this section. The burden is on the agency to sustain its action 21 to withhold information and the burden is on any submitter 22 seeking the withholding of information. The court shall main

23 tain under seal any affidavit or record submitted in camera to

24 the court in support of the applicability of any exemption, and

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1 shall stay any order requiring the release of records pending 2 final judicial resolution of any appeal from such order."'; and 3

(c) in redesignated subparagraph (L) 4

(1) by adding “or any submitter who is a 5

party to the litigation” after “United States"; and 6

(2) by striking out “complainant” and insert7

ing in lieu thereof “requester”.

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AMENDMENTS RELATING TO THE TIME FOR AGENCY

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RESPONSE

10 SEC. 6. Paragraph (6) of section 552(a) of title 5, United 11 States Code, is amended

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(a) in subparagraph (A)—

(1) by striking out "for records made under

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paragraph (1), (2), or (3) of this subsection” and

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inserting in lieu thereof “made under paragraph

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(1), (2), or (3) of this subsection for records which

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are sufficiently identified and limited that no more than eight working hours of search and review

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time are required to respond to the request, and

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which do not contain trade secrets, commercial or

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financial information, or other commercially valuable information provided by a submitter”;

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(2) in clause (i), by striking out “ten days

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(excepting Saturdays, Sundays, and legal public

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holidays)" and inserting in lieu thereof “ten working days"; and

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(3) in clause (i), by striking out "twenty

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days (excepting Saturdays, Sundays, and legal
public holidays)” and inserting in lieu thereof
"twenty working days”;
(b) by amending subparagraph (B) to read as

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follows:

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“(B) Except as provided in subparagraph (A), each

10 agency, upon any request for records made under paragraph 11 (1), (2), or (3) of this subsection, shall

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“(i) within thirty working days after the receipt of

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“(a) determine whether to comply with such request, in whole or in part, and immediately notify the requester of such determination and the

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reasons therefor, and of the requester's right to

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appeal to the head of the agency any adverse de

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termination; or

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"(b) notify the requester of the estimated

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time period required for such determination, and the reasons therefor, such time period to be estab

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