Sec. 12. Judicial review
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In this section, the term classified information — has the meaning given the term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.); and includes— any information or material that has been determined by the Federal 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 ).
Notwithstanding any other provision of law, actions taken by the President and the Secretary, and the findings of the President and the Secretary, under this Act shall not be subject to administrative review or judicial review in any Federal court, except as otherwise provided in this section. Actions taken by the Secretary under this Act shall not be subject to sections 551, 553 through 559, and 701 through 707 of title 5, United States Code. Not later than 60 days after the Secretary takes action under section 3(a), or the President takes action under section 4(c), an aggrieved person may apply for review by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit.
The court shall not disturb any action taken by the Secretary under section 3(a), or by the President under section 4(c), unless the petitioner demonstrates that the action is unconstitutional or in patent violation of a clear and mandatory statutory command. The United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over claims arising under this Act against the United States, any executive department or agency, or any component or official of an executive department or agency, subject to review by the Supreme Court of the United States under section 1254 of title 28, United States Code.
The procedures described in this subsection shall apply to the review of a petition for review under this section. The United States shall file with the court an administrative record, which shall consist of the information that the appropriate official relied upon in taking a final action under this Act. All unclassified information contained in the administrative record filed pursuant to paragraph
(2)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. 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 by section 1520.5 of title 49, Code of Federal Regulations. Privileged 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. Information subject to privilege or protections under any other provision of law, including the Currency and Foreign Transactions Reporting Act of 1970 ( 31 U.S.C. 5311 et seq. ). Any information that is part of the administrative record filed ex parte and in camera under paragraph (4), 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 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 described in this section against the United States, any executive department or agency, or any component or official of any such executive department or 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.
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Sec. 12
Judicial review
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