I 

114TH CONGRESS 

2D SESSION H. R. 4930 

To ensure appropriate protections and redress for travelers, consistent with 

the transportation security and national security of the United States, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2016 

Mr. RATCLIFFE (for himself and Mr. NUNES) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To ensure appropriate protections and redress for travelers, 

consistent with the transportation security and national 

security of the United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Transportation Secu5 rity and Redress Act’’ or ‘‘TSARA’’. 

6 SEC. 2. JUDICIAL REVIEW PROCEDURES FOR PERSONS DE7 LAYED OR PROHIBITED FROM BOARDING. 

8 (a) EXCLUSIVE REMEDY.—Except as provided in 

9 subsection (b), no court of the United States or of any 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 4930 IH

1 State or political subdivision thereof shall have jurisdiction 

2 over any claim, including a constitutional claim, related 

3 to or arising out of a decision to delay or prohibit a person 

4 from boarding a commercial aircraft because such person 

5 has been identified as a threat by the Transportation Se6 curity Administration or the Terrorist Screening Center. 

7 Any petition filed under subsection (c) shall be the sole 

8 and exclusive judicial remedy for any claim described in 

9 this section against the United States, any United States 

10 Government department or agency, or any component or 

11 official of any such department or agency. 

12 (b) EXCLUSIVE JURISDICTION AND TIME OF FIL13 ING.— 

14 (1) EXCLUSIVE JURISDICTION OF THE UNITED

15 STATES COURT OF APPEALS.—Any petition for re16 view under subsection (c), as well as any claims aris17 ing out of the same facts and circumstances that 

18 could have been set out in such petition, including 

19 any challenge to an individual’s identification as a 

20 threat by the Transportation Security Administra21 tion or the Terrorist Screening Center, shall be filed 

22 only in the United States Court of Appeals for the 

23 District of Columbia Circuit or in the court of ap24 peals of the United States for the circuit in which 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 4930 IH

1 the person resides or where such person’s principal 

2 place of business is located. 

3 (2) SCOPE OF REVIEW.—The court of appeals 

4 in which the petition is filed shall have jurisdiction 

5 to decide all relevant questions of law. The court of 

6 appeals shall have exclusive jurisdiction to affirm, 

7 amend, modify, or set aside any part of the final de8 cision under review, and may order the Transpor9 tation Security Administration or Terrorist Screen10 ing Center to conduct further proceedings. 

11 (3) TIME FOR FILING.—The petition filed 

12 under subsection (c), as well as any claims related 

13 to such petition, must be filed not later than 60 days 

14 after a final order or final decision is issued pursu15 ant to the administrative redress process established 

16 by section 44903, 44909, or 44926 of title 49, 

17 United States Code. The court of appeals may allow 

18 the petition to be filed after the 60th day only if 

19 good cause is shown for not filing by the 60th day. 

20 (c) PETITION FOR REVIEW.—A petition for review 

21 may be filed by any person who challenges a final adminis22 trative redress decision by the Transportation Security 

23 Administration to delay or prohibit such person from 

24 boarding a commercial aircraft because such person has 

25 been identified as a threat by the Transportation Security 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•HR 4930 IH

1 Administration or the Terrorist Screening Center. No pe2 tition may be filed under this subsection unless and until 

3 the person filing such petition has exhausted the adminis4 trative redress process established by section 44903, 

5 44909, or 44926 of title 49, United States Code. 

6 (d) REQUIREMENT FOR AN ADMINISTRATIVE

7 RECORD AND PROCEDURES FOR JUDICIAL REVIEW.— 

8 Notwithstanding any other provision of law, the following 

9 procedures shall apply to a petition filed pursuant to sub10 section (c): 

11 (1) The United States shall file with the court 

12 of appeals an administrative record, which shall con13 sist of the information the United States relied upon 

14 in support of the final decision under review, as well 

15 as any information the petitioner has submitted pur16 suant to the administrative redress process estab17 lished by section 44903, 44909, or 44926 of title 49, 

18 United States Code. 

19 (2) All unclassified information contained in the 

20 administrative record that is not otherwise privileged 

21 or subject to statutory protections shall be provided 

22 to the petitioner, and no discovery shall be per23 mitted. 

24 (3) The administrative record may include un25 classified information subject to privilege or statuVerDate Sep 11 2014 03:25 Apr 16, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4930.IH H4930

SSpencer on DSK4SPTVN1PROD with BILLS
5 

•HR 4930 IH

1 tory protections, which the United States may sub2 mit in camera and ex parte. 

3 (4) Sensitive security information contained in 

4 the administrative record may only be provided to 

5 petitioner’s counsel pursuant to a protective order in 

6 accordance with the regulations and orders issued 

7 pursuant to section 114(r) of title 49, United States 

8 Code. 

9 (5) The administrative record may also include 

10 classified information, which the United States shall 

11 submit to the court ex parte and in camera. The 

12 United States shall provide an unclassified summary 

13 of the classified information to the petitioner’s coun14 sel pursuant to a protective order, taking into ac15 count the circumstances of the case, including the 

16 petitioner’s ability to respond to the basis for the 

17 final order or final decision, unless the head of the 

18 department or agency whose classified information is 

19 at issue, or his designee, determines in his discretion 

20 that providing a summary could damage the national 

21 security of the United States. 

22 (6) The administrative record may also include 

23 information obtained or derived from orders issued 

24 pursuant to the Foreign Intelligence Surveillance 

25 Act of 1978, as amended (50 U.S.C. 1801 et seq.), 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

•HR 4930 IH

1 without regard to subsections (c), (e), (f), (g), and 

2 (h) of section 106, subsections (d), (f), (g), (h), and 

3 (i) of section 305, subsections (c), (e), (f), (g), and 

4 (h) of section 405, and section 706, of that Act. 

5 Whenever the United States intends to use such in6 formation against an aggrieved person, it shall pro7 vide an in camera and ex parte notice to the court 

8 concerning such use. 

9 (7) Whenever the court of appeals receives a 

10 notice pursuant to subsection (d)(6), the court shall 

11 review, in camera and ex parte, the application, 

12 order, and any other materials that may be sub13 mitted by the United States. 

14 (8) If the court determines that the order was 

15 not lawfully authorized, or the information was not 

16 obtained in conformity with the order, it shall ex17 clude such information from consideration as part of 

18 the administrative record. 

19 (9) Any classified information, sensitive security 

20 information, law enforcement sensitive information, 

21 or information that is otherwise privileged or subject 

22 to statutory protections, that is part of the adminis23 trative record, or cited by the court in any decision, 

24 shall be treated by the court and the parties con25 sistent with the provisions of this subsection, and 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

•HR 4930 IH

1 shall remain under seal and preserved in the records 

2 of the court to be made available in the event of fur3 ther proceedings. In no event shall such information 

4 be released as part of the public record. 

5 (10) After the expiration of the time to seek 

6 further review, or the conclusion of further pro7 ceedings, the court shall return the administrative 

8 record, including any and all copies, to the United 

9 States. All privileged information or other informa10 tion in the possession of petitioner’s counsel that 

11 was provided by the United States pursuant to a 

12 protective order shall be returned to the United 

13 States, or the petitioner’s counsel shall certify its de14 struction, including any and all copies. 

15 (e) SCOPE OF REVIEW.—The court of appeals shall 

16 decide any petition for review filed under subsection (c) 

17 based solely on the administrative record submitted by the 

18 United States, including any information which may have 

19 been filed with the court in camera and ex parte, and any 

20 information submitted by the petitioner during the admin21 istrative redress process established by section 44903, 

22 44909, or 44926 of title 49, United States Code. The 

23 court shall uphold a final decision issued pursuant to the 

24 administrative redress process by the Transportation Se25 curity Administration unless such decision was— 


SSpencer on DSK4SPTVN1PROD with BILLS
8 

•HR 4930 IH

1 (1) arbitrary and capricious, an abuse of discre2 tion, or otherwise not in accordance with law; 

3 (2) contrary to constitutional right, power, 

4 privilege, or immunity; 

5 (3) in excess of statutory jurisdiction, authority, 

6 or limitation, or short of statutory right; 

7 (4) lacking substantial support in the adminis8 trative record taken as a whole, including in the 

9 classified information submitted to the court; or 

10 (5) not in accord with procedures required by 

11 law. 

12 (f) SUPREME COURT REVIEW.—A decision by the 

13 court of appeals under this section may be reviewed by 

14 the Supreme Court under section 1254 of title 28, United 

15 States Code. 

16 (g) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed as limiting, superseding, or pre18 venting the invocation of, any privileges or defenses that 

19 are otherwise available at law or in equity to protect 

20 against the disclosure of information. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

23 (1) The term ‘‘classified information’’ means 

24 any information or material that has been deter25 mined by the United States Government pursuant to 


SSpencer on DSK4SPTVN1PROD with BILLS
9 

•HR 4930 IH

1 an Executive order, statute, or regulation, to require 

2 protection against unauthorized disclosure for rea3 sons of national security and any restricted data, as 

4 defined in paragraph r. of section 11 of the Atomic 

5 Energy Act of 1954 (42 U.S.C. 2014(y)). 

6 (2) The term ‘‘national security’’ means the na7 tional defense and foreign relations of the United 

8 States. 

9 (3) The term ‘‘sensitive security information’’ 

10 shall have the meaning set forth in sections 114(r) 

11 and 40119 of title 49, United States Code, and the 

12 regulations and orders issued pursuant thereto. 

13 (4) The term ‘‘aggrieved person’’ shall have the 

14 meaning set forth in sections 1801(k), 1821(2), and 

15 1841(3) of title 50, United States Code. 

16 SEC. 4. APPLICATION TO PROCEEDINGS. 

17 (a) EFFECTIVE DATE.—The amendments made by 

18 this Act shall take effect on the date of the enactment 

19 of this Act, and shall apply to any pending claim by a 

20 person who challenges a final decision by the Transpor21 tation Security Administration to delay or prohibit such 

22 person from boarding a commercial aircraft because he 

23 has been identified as a threat by the Transportation Se24 curity Administration or the Terrorist Screening Center. 


SSpencer on DSK4SPTVN1PROD with BILLS
10 

•HR 4930 IH

1 (b) CONFORMING AMENDMENT.—The procedures set 

2 forth in section 2(d) shall also apply to any petition to 

3 review a final order entered pursuant to section 46110 of 

4 title 49, United States Code. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS