the person resides or where such person’s principal 
place of business is located. 
(2) SCOPE OF REVIEW.—The court of appeals 
in which the petition is filed shall have jurisdiction 
to decide all relevant questions of law. The court of 
appeals shall have exclusive jurisdiction to affirm, 
amend, modify, or set aside any part of the final de-
cision under review, and may order the Transpor-
tation Security Administration or Terrorist Screen-
ing Center to conduct further proceedings. 
(3) TIME
FOR
FILING.—The petition filed 
under subsection (c), as well as any claims related 
to such petition, must be filed not later than 60 days 
after a final order or final decision is issued pursu-
ant to the administrative redress process established 
by section 44903, 44909, or 44926 of title 49, 
United States Code. The court of appeals may allow 
the petition to be filed after the 60th day only if 
good cause is shown for not filing by the 60th day. 
(c) PETITION FOR REVIEW.—A petition for review 
may be filed by any person who challenges a final adminis-
trative redress decision by the Transportation Security 
Administration to delay or prohibit such person from 
boarding a commercial aircraft because such person has 
been identified as a threat by the Transportation Security 
VerDate Sep 11 2014 
03:25 Apr 16, 2016
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4930.IH
H4930
SSpencer on DSK4SPTVN1PROD with BILLS
Administration or the Terrorist Screening Center. No pe-
tition may be filed under this subsection unless and until 
the person filing such petition has exhausted the adminis-
trative redress process established by section 44903, 
44909, or 44926 of title 49, United States Code. 
(d) 
REQUIREMENT
FOR
AN
ADMINISTRATIVE 
RECORD AND PROCEDURES FOR JUDICIAL REVIEW.— 
Notwithstanding any other provision of law, the following 
procedures shall apply to a petition filed pursuant to sub-
section (c): 
(1) The United States shall file with the court 
of appeals an administrative record, which shall con-
sist of the information the United States relied upon 
in support of the final decision under review, as well 
as any information the petitioner has submitted pur-
suant to the administrative redress process estab-
lished by section 44903, 44909, or 44926 of title 49, 
United States Code. 
(2) All unclassified information contained in the 
administrative record that is not otherwise privileged 
or subject to statutory protections shall be provided 
to the petitioner, and no discovery shall be per-
mitted. 
(3) The administrative record may include un-
classified information subject to privilege or statu-
VerDate 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
tory protections, which the United States may sub-
mit in camera and ex parte. 
(4) Sensitive security information contained in 
the administrative record may only be provided to 
petitioner’s counsel pursuant to a protective order in 
accordance with the regulations and orders issued 
pursuant to section 114(r) of title 49, United States 
Code. 
(5) The administrative record may also include 
classified information, which the United States shall 
submit to the court ex parte and in camera. The 
United States shall provide an unclassified summary 
of the classified information to the petitioner’s coun-
sel pursuant to a protective order, taking into ac-
count the circumstances of the case, including the 
petitioner’s ability to respond to the basis for the 
final order or final decision, unless the head of the 
department or agency whose classified information is 
at issue, or his designee, determines in his discretion 
that providing a summary could damage the national 
security of the United States. 
(6) The administrative record may also include 
information obtained or derived from orders issued 
pursuant to the Foreign Intelligence Surveillance 
Act of 1978, as amended (50 U.S.C. 1801 et seq.), 
VerDate Sep 11 2014 
03:25 Apr 16, 2016
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4930.IH
H4930
SSpencer on DSK4SPTVN1PROD with BILLS
without regard to subsections (c), (e), (f), (g), and 
(h) of section 106, subsections (d), (f), (g), (h), and 
(i) of section 305, subsections (c), (e), (f), (g), and 
(h) of section 405, and section 706, of that Act. 
Whenever the United States intends to use such in-
formation against an aggrieved person, it shall pro-
vide an in camera and ex parte notice to the court 
concerning such use. 
(7) Whenever the court of appeals receives a 
notice pursuant to subsection (d)(6), the court shall 
review, in camera and ex parte, the application, 
order, and any other materials that may be sub-
mitted by the United States. 
(8) If the court determines that the order was 
not lawfully authorized, or the information was not 
obtained in conformity with the order, it shall ex-
clude such information from consideration as part of 
the administrative record. 
(9) 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 adminis-
trative record, or cited by the court in any decision, 
shall be treated by the court and the parties con-
sistent with the provisions of this subsection, and 
VerDate Sep 11 2014 
03:25 Apr 16, 2016
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4930.IH
H4930
SSpencer on DSK4SPTVN1PROD with BILLS
shall remain under seal and preserved in the records 
of the court to be made available in the event of fur-
ther proceedings. In no event shall such information 
be released as part of the public record. 
(10) After the expiration of the time to seek 
further review, or the conclusion of further pro-
ceedings, the court shall return the administrative 
record, including any and all copies, to the United 
States. All privileged information or other informa-
tion in the possession of petitioner’s counsel that 
was provided by the United States pursuant to a 
protective order shall be returned to the United 
States, or the petitioner’s counsel shall certify its de-
struction, including any and all copies. 
(e) SCOPE OF REVIEW.—The court of appeals shall 
decide any petition for review filed under subsection (c) 
based solely on the administrative record submitted by the 
United States, including any information which may have 
been filed with the court in camera and ex parte, and any 
information submitted by the petitioner during the admin-
istrative redress process established by section 44903, 
44909, or 44926 of title 49, United States Code. The 
court shall uphold a final decision issued pursuant to the 
administrative redress process by the Transportation Se-
curity Administration unless such decision was— 
VerDate Sep 11 2014 
03:25 Apr 16, 2016
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4930.IH
H4930
SSpencer on DSK4SPTVN1PROD with BILLS
(1) arbitrary and capricious, an abuse of discre-
tion, or otherwise not in accordance with law; 
(2) contrary to constitutional right, power, 
privilege, or immunity; 
(3) in excess of statutory jurisdiction, authority, 
or limitation, or short of statutory right; 
(4) lacking substantial support in the adminis-
trative record taken as a whole, including in the 
classified information submitted to the court; or 
(5) not in accord with procedures required by 
law. 
(f) SUPREME COURT REVIEW.—A decision by the 
court of appeals under this section may be reviewed by 
the Supreme Court under section 1254 of title 28, United 
States Code. 
(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as limiting, superseding, or pre-
venting the invocation of, any privileges or defenses that 
are otherwise available at law or in equity to protect 
against the disclosure of information. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) The term ‘‘classified information’’ means 
any information or material that has been deter-
mined by the United States Government pursuant to 
VerDate Sep 11 2014 
03:25 Apr 16, 2016
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4930.IH
H4930
SSpencer on DSK4SPTVN1PROD with BILLS
an Executive order, statute, or regulation, to require 
protection against unauthorized disclosure for rea-
sons of national security and any restricted data, as 
defined in paragraph r. of section 11 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014(y)). 
(2) The term ‘‘national security’’ means the na-
tional defense and foreign relations of the United 
States. 
(3) The term ‘‘sensitive security information’’ 
shall have the meaning set forth in sections 114(r) 
and 40119 of title 49, United States Code, and the 
regulations and orders issued pursuant thereto. 
(4) The term ‘‘aggrieved person’’ shall have the 
meaning set forth in sections 1801(k), 1821(2), and 
1841(3) of title 50, United States Code. 
SEC. 4. APPLICATION TO PROCEEDINGS. 
(a) EFFECTIVE DATE.—The amendments made by 
this Act shall take effect on the date of the enactment 
of this Act, and shall apply to any pending claim by a 
person who challenges a final decision by the Transpor-
tation Security Administration to delay or prohibit such 
person from boarding a commercial aircraft because he 
has been identified as a threat by the Transportation Se-
curity Administration or the Terrorist Screening Center. 
VerDate Sep 11 2014 
01:49 Apr 19, 2016
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4930.IH
H4930
SSpencer on DSK4SPTVN1PROD with BILLS
(b) CONFORMING AMENDMENT.—The procedures set 
forth in section 2(d) shall also apply to any petition to 
review a final order entered pursuant to section 46110 of 
title 49, United States Code. 
Æ 
VerDate Sep 11 2014 
03:25 Apr 16, 2016
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6301
E:\BILLS\H4930.IH
H4930
SSpencer on DSK4SPTVN1PROD with BILLS