Page:United States Statutes at Large Volume 116 Part 1.djvu/667

 PUBLIC LAW 107-188—JUNE 12, 2002 116 STAT. 641 (2) and (4) as apply to names and other identifying information submitted to the Attorney General under paragraph (2)(B). Paragraph (5) does not apply for purposes of this subparagraph. The Secretary may exempt Federal, State, or local governmental agencies from the requirements of this subparagraph. " (7) REVIEW.— "(A) ADMINISTRATIVE REVIEW.— "(i) IN GENERAL.— Regulations under subsections (b) and (c) shall provide for an opportunity for a review by the Secretary— "(I) when requested by the individual involved, of a determination under paragraph (2) to deny the individual access to listed agents and toxins; and "(II) when requested by the person involved, of a determination under paragraph (6) to deny or revoke registration for such person. "(ii) Ex PARTE REVIEW.—During a review under clause (i), the Secretary may consider information relevant to the review ex parte to the extent that disclosure of the information could compromise national security or an investigation by any law enforcement agency. " (iii) FINAL AGENCY ACTION.— The decision of the Secretary in a review under clause (i) constitutes final agency action for purposes of section 702 of title 5, United States Code. " (B) CERTAIN PROCEDURES.— "(i) SUBMISSION OF EX PARTE MATERIALS IN JUDICIAL PROCEEDINGS.—When reviewing a decision of the Secretary under subparagraph (A), and upon request made ex parte and in writing by the United States, a court, upon a sufficient showing, may review and consider ex parte documents containing information the disclosure of which could compromise national security or an investigation by any law enforcement agency. If the court determines that portions of the documents considered ex parte should be disclosed to the person involved to allow a response, the court shall authorize the United States to delete from such documents specified items of information the disclosure of which could compromise national security or an investigation by any law enforcement agency, or to substitute a summary of the information to which the person may respond. Any order by the court authorizing the disclosure of information that the United States believes could compromise national security or an investigation by any law enforcement agency shall be subject to the processes set forth in subparagraphs (A) and (B)(i) of section 2339B(f)(5) of title 18, United States Code (relating to interlocutory appeal and expedited consideration). "(ii) DISCLOSURE OF INFORMATION.— In a review under subparagraph (A), and in any judical proceeding conducted pursuant to such review, neither the Secretary nor the Attorney General may be required to

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