Sec. 14. Judicial review procedures
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Section 721(e) of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ) is amended to read as follows: The actions and findings of the President or the President’s designee under this section shall not be subject to judicial review, including claims under chapter 7 of title 5, United States Code. Except as provided in subparagraph (B), the actions and findings of the Committee under subsection
(b)or (l), and any assessment of penalties or use of enforcement authorities under this section, shall not be subject to judicial review, including claims under chapter 7 of title 5, United States Code. In this subparagraph, the term classified information means any information or material that has been determined by the United States Government pursuant to an Executive order, statute, or regulation to require protection against unauthorized disclosure for reasons of national security and any restricted data, as defined in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ). Except as provided in subclause (II), not later than 60 days after the date on which the President or the Committee takes an action with respect to the covered transaction, any party to the covered transaction may file a petition under this subparagraph alleging that the action of the Committee is a violation of a constitutional right, power, privilege, or immunity. No party to a covered transaction shall be permitted to file a petition or any claim related to a petition under subclause
(I)unless— the party initiated the review of the transaction pursuant to a written notice filed under clause
(i)of subsection (b)(1)(C) or a declaration filed under clause
(v)of that subsection or the Committee determines that such a notice or declaration was not required; and the Committee has completed all action under this section with respect to the transaction. Any claims related to a petition filed under this clause shall be filed before the date described in subclause (I). The United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over claims arising under this subparagraph, subject to review by the Supreme Court of the United States under section 1254 of title 28, United States Code, only— to affirm the action of the Committee; or to remand the case to the Committee for further consideration. The court shall uphold an action challenged under this subparagraph unless the court finds that the action was contrary to a constitutional right, power, privilege, or immunity. In a claim under this subparagraph, the court shall decide all relevant questions based solely on any administrative record submitted by the United States under clause (v). Notwithstanding any other provision of law, the procedures described in this clause shall apply to the review of a petition under this subparagraph. The United States shall file with the court an administrative record, which shall consist of the information that the parties submitted to the Committee and that the Committee relied upon in support of the action of the Committee under review. All unclassified information contained in the administrative record that is not otherwise privileged or subject to statutory protections shall be provided to the petitioner with appropriate protections for any privileged or confidential trade secrets and commercial or financial information. Other than the provision of information in the administrative record described in subparagraph (II)(bb), no discovery shall be permitted. The following information may be included in the administrative record and shall be submitted only to the court ex parte and in camera: Unclassified information subject to privilege or statutory protections. Classified information. Sensitive security information. Sensitive law enforcement information. Information obtained or derived from any activity authorized under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.), except that, with respect to such information, subsections (c), (e), (f), (g), and
(h)of section 106 ( 50 U.S.C. 1806 ), subsections (d), (f), (g), (h), and
(i)of section 305 ( 50 U.S.C. 1825 ), subsections (c), (e), (f), (g), and
(h)of section 405 ( 50 U.S.C. 1845 ), and section 706 ( 50 U.S.C. 1881e ) of that Act shall not apply. Any classified information, sensitive security information, law enforcement sensitive information, or information that is otherwise privileged or subject to statutory protections, that is part of the administrative record filed ex parte and in camera, or cited by the court in any decision, shall be treated by the court consistent with the provisions of this subparagraph, and shall remain under seal and preserved in the records of the court to be made available in the event of further proceedings. In no event shall such information be released to the claimant or as part of the public record. After the expiration of the time to seek further review, or the conclusion of further proceedings, the court shall return the administrative record, including any and all copies, to the United States. If, on motion or sua sponte, the court determines that the claim may be considered without any of the information in the administrative record, the court shall require that only the necessary information, if any, from the record be provided to the parties. A determination by the court under this subparagraph shall be the exclusive judicial remedy for any claim described in this subparagraph against the United States, any United States department or agency, or any component or official of any such department or agency. Nothing in this subparagraph shall be construed as limiting, superseding, or preventing the invocation of, any privileges or defenses that are otherwise available at law or in equity to protect against the disclosure of information. .
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Sec. 14
Judicial review procedures
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