Sec. 8. Judicial review
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/bill/118/hr/8741/ih/section-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A claim or petition challenging this Act or any action, finding, or determination under this Act may be filed only in the United States Court of Appeals for the District of Columbia Circuit. The United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over claims or petitions arising under this Act against the United States, any agency, or any component or official of an agency, subject to review by the Supreme Court of the United States under section 1254 of title 28, United States Code.
The following information may be included in the administrative record and shall be submitted only to the court ex parte and in camera: Sensitive security information, as defined in section 1520.5 of title 49, Code of Federal Regulations. Records or information compiled for law enforcement purposes, as described in section 552(b)(7) of title 5, United States Code. Classified information, meaning 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 ).
Information subject to privilege or protections under any other provision of law, including subchapter II of title 31, United States Code. Any information that is part of the administrative record filed ex parte and in camera under subsection (b), or cited by the court in any decision, shall be treated by the court consistent with the provisions of this section. In no event shall such information be released to the claimant or petitioner 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.
A determination by the court under this section shall be the exclusive judicial remedy for any claim or petition for review challenging this Act or any action, finding, or determination under this Act against the United States, any agency, or any component or official of any such agency. Nothing in this section 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.
A challenge to any determination under this Act may only be brought not later than 180 days after the date of such a determination.
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U.S. Code