Sec. 15. Miscellaneous
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/bill/118/s/686/is/section-15·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The requirements of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act ), shall not apply to any action by the Secretary to implement this Act. To expedite the ability of the Secretary to implement this Act, the Secretary may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, candidates directly to positions in the competitive service (as defined in section 212 of that title). Except with respect to a civil penalty imposed pursuant to section 9(b) of this Act, the functions exercised under this Act shall not be subject to sections 551, 553 through 559, and 701 through 706 of title 5, United States Code.
If a civil action challenging an action or finding under this Act is brought, and the court determines that protected information in the administrative record, including classified or other information subject to privilege or protections under any provision of law, is necessary to resolve the action, that information shall be submitted ex parte and in camera to the court and the court shall maintain that information under seal. This subsection does not confer or imply any right to judicial review.
The use of information provisions of sections 106, 305, 405, and 706 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1806 , 1825, 1845, and 1881e) shall not apply in a civil action brought under this Act. No provision of this Act shall be construed to create a right to obtain access to information in the possession of the Federal Government that was considered in making a determination under this Act that a transaction is a covered transaction or interest or to prohibit, mitigate, or take action against a covered transaction or interest, including any classified national security information or sensitive but unclassified information.
Any information submitted to the Federal Government by a party to a covered transaction in accordance with this Act, as well as any information the Federal Government may create relating to review of the covered transaction, is exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ).
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U.S. Code