ACCESS TO INFORMATION.

SEC. 1332. ACCESS TO INFORMATION. Section 777 (19 U.S.C. 16770 is amended— (1) by amending subsection (b)(1)(B)(ii) to read as follows: “(ii) a statement to the administering authority or the Commission that the business proprietary informa-102 STAT. 1208tion is of a type that should not be released under administrative protective order.”; (2) by amending subsection (c)(1)— (A) by amending subparagraph (A) to read as follows: “(A) In general.— Upon receipt of an application (before or after receipt of the information requested) which describes in general terms the information requested and sets forth the reasons for the request, the administering authority or the Commission shall make all business proprietary information presented to, or obtained by it, during a proceeding (except privileged information, classified information, and specific information of a type for which there is a clear and compelling need to withhold from disclosure) available to interested parties who are parties to the proceeding under a protective order described in subparagraph (B), regardless of when the information is submitted during a proceeding.”; and (B) by adding at the end thereof the following new subparagraphs: “(C) Time limitation on determinations.— The administering authority or the Commission, as the case may be, shall determine whether to make information available under this paragraph— “(i) not later than 14 days (7 days if the submission pertains to a proceeding under section 703(a) or 733(a)) after the date on which the information is submitted, or “(ii) if— “(I) the person that submitted the information raises objection to its release, or “(II) the information is unusually voluminous or complex, not later than 30 days (10 days if the submission pertains to a proceeding under section 703(a) or 733(a)) after the date on which the information is submitted. “(D) Availability after determination.— If the determination under subparagraph (C) is affirmative, then— “(i) the business proprietary information submitted to the administering authority or the Commission on or before the date of the determination shall be made available, subject to the terms and conditions of the protective order, on such date; and “(ii) the business proprietary information submitted to the administering authority or the Commission after the date of the determination shall be served as required by subsection (d). “(E) Failure to disclose.— If a person submitting information to the administering authority refuses to dis-close business proprietary information which the administering authority determines should be released under a protective order described in subparagraph (B), the administering authority shall return the information, and any nonconfidential summary thereof, to the person submitting the information and summary and shall not consider either.”; (3) by striking out “or the Commission denies a request for proprietary information submitted by the petitioner or an in-102 STAT. 1209terested party in support of the petitioner concerning the domestic price or cost of production of the like product,” in subsection (c)(2); and (4) by adding at the end thereof the following new subsections: “(d) Service.— Any party submitting written information, including business proprietary information, to the administering authority or the Commission during a proceeding shall, at the same time, serve the information upon all interested parties who are parties to the proceeding, if the information is covered by a protective order. The administering authority or the Commission shall not accept any such information that is not accompanied by a certificate of service and a copy of the protective order version of the document containing the information. Business proprietary information shall only be served upon interested parties who are parties to the proceeding that are subject to protective order; however, a nonconfidential summary thereof shall be served upon all other interested parties who are parties to the proceeding. “(e) Timely Submissions.— Information shall be submitted to the administering authority or the Commission during the course of a proceeding on a timely basis and shall be subject to comment by other parties within such reasonable time as the administering authority or the Commission shall provide. If information is submitted without an adequate opportunity for other parties to comment thereon, the administering authority or the Commission may return the information to the party submitting it and not consider it.”.