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41 U.S.C. § 1327 — Judicial review procedures
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in subsection (b) and chapter 71 of this title, and notwithstanding any other provision of law, an action taken under section 1323 or 4713 of this title, or any action taken by an executive agency to implement such an action, shall not be subject to administrative review or judicial review, including bid protests before the Government Accountability Office or in any Federal court.
**(b) Petitions.—**
(1) **In general.—** — Not later than 60 days after a party is notified of an exclusion or removal order under [section 1323(c)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1323/c/6&num=0&edition=prelim) or a covered procurement action under [section 4713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4713&num=0&edition=prelim), the party may file a petition for judicial review in the United States Court of Appeals for the District of Columbia Circuit claiming that the issuance of the exclusion or removal order or covered procurement action is unlawful.
(2) **Standard of review.—** — The Court shall hold unlawful a covered action taken under sections 1323 or 4713 of this title, in response to a petition that the court finds to be—
(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(B) contrary to constitutional right, power, privilege, or immunity;
(C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right;
(D) lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph (3); or
(E) not in accord with procedures required by law.
(3) **Exclusive jurisdiction.—** — The Un
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Source file: Laws/federal/codes/united-states-code/title-41/section-1327-judicial-review-procedures--408bb14518.md
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Source location: Title 41, Chapter 13, § 1327; chapter-013-chapter-13.md
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**(a) In General.—** Except as provided in subsection (b) and chapter 71 of this title, and notwithstanding any other provision of law, an action taken under section 1323 or 4713 of this title, or any action taken by an executive agency to implement such an action, shall not be subject to administrative review or judicial review, including bid protests before the Government Accountability Office or in any Federal court.
**(b) Petitions.—**
(1) **In general.—** — Not later than 60 days after a party is notified of an exclusion or removal order under [section 1323(c)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1323/c/6&num=0&edition=prelim) or a covered procurement action under [section 4713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4713&num=0&edition=prelim), the party may file a petition for judicial review in the United States Court of Appeals for the District of Columbia Circuit claiming that the issuance of the exclusion or removal order or covered procurement action is unlawful.
(2) **Standard of review.—** — The Court shall hold unlawful a covered action taken under sections 1323 or 4713 of this title, in response to a petition that the court finds to be—
(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(B) contrary to constitutional right, power, privilege, or immunity;
(C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right;
(D) lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph (3); or
(E) not in accord with procedures required by law.
(3) **Exclusive jurisdiction.—** — The United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over claims arising under sections 1323(c)(5) or 4713 of this title against the United States, any United States department or agency, or any component or official of any such department or agency, subject to review by the Supreme Court of the United States under [section 1254 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim).
(4) **Administrative record and procedures.—**
(A) *In general.—* — The procedures described in this paragraph shall apply to the review of a petition under this section.
(B) *Administrative record.—*
(i) *Filing of record.—* — The United States shall file with the court an administrative record, which shall consist of the information that the appropriate official relied upon in issuing an exclusion or removal order under section 1323(c)(5) or a covered procurement action under [section 4713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4713&num=0&edition=prelim).
(ii) *Unclassified, nonprivileged information.—* — All unclassified information contained in the administrative record 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.
(iii) *In camera and ex parte.—* — The following information may be included in the administrative record and shall be submitted only to the court ex parte and in camera:
(I) Classified information.
(II) Sensitive security information, as defined by section 1520.5 of title 49, Code of Federal Regulations.
(III) Privileged law enforcement information.
(IV) Information obtained or derived from any activity authorized under the Foreign Intelligence Surveillance Act of 1978 ([50 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801&num=0&edition=prelim) et seq.), except that, with respect to such information, subsections (c), (e), (f), (g), and (h) of section 106 ([50 U.S.C. 1806](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1806&num=0&edition=prelim)), subsections (d), (f), (g), (h), and (i) of section 305 ([50 U.S.C. 1825](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1825&num=0&edition=prelim)), subsections (c), (e), (f), (g), and (h) of section 405 ([50 U.S.C. 1845](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1845&num=0&edition=prelim)), and section 706 ([50 U.S.C. 1881e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881e&num=0&edition=prelim)) of that Act shall not apply.
(V) Information subject to privilege or protections under any other provision of law.
(iv) *Under seal.—* — Any information that is part of the administrative record filed ex parte and in camera under clause (iii), or cited by the court in any decision, shall be treated by the court consistent with the provisions of this subparagraph and shall remain under seal and preserved in the records of the court to be made available consistent with the above provisions in the event of further proceedings. In no event shall such information be released to the petitioner or as part of the public record.
(v) *Return.—* — 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.
(C) *Exclusive remedy.—* — A determination by the court under this subsection shall be the exclusive judicial remedy for any claim described in this section against the United States, any United States department or agency, or any component or official of any such department or agency.
(D) *Rule of construction.—* — 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.
**(c) Definition.—** In this section, the term “classified information”—
(1) has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.); and
(2) includes—
(A) 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
(B) any restricted data, as defined in section 11 of the Atomic Energy Act of 1954 ([42 U.S.C. 2014](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Compliance with minimization procedures; privileged communications; lawful purposes** Information acquired from an electronic surveillance conducted pursuant to this subchapter concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization procedures required by this subchapter. No otherwise privileged communication obtained in accordance with, or in violation of, the provisions of this subchapter shall lose its privileged character. No information acquired from an electronic surveillance pursuant to this subchapter may be used or disclosed by Federal officers or employees except for lawful purposes.
**(b) Statement for disclosure** No information acquired pursuant to this subchapter shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General.
**(c) Notification by United States** Whenever the Government intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, against an aggrieved person, any information obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this subchapter, the Government shall, prior to the trial, hearing, or other proceeding or at a reasonable time prior to an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Subject to subsection (b), the head of an executive agency may carry out a covered procurement action.
**(b) Determination and Notification.—** Except as authorized by subsection (c) to address an urgent national security interest, the head of an executive agency may exercise the authority provided in subsection (a) only after—
(1) obtaining a joint recommendation, in unclassified or classified form, from the chief acquisition officer and the chief information officer of the agency, or officials performing similar functions in the case of executive agencies that do not have such officials, which includes a review of any risk assessment made available by the executive agency identified under [section 1323(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1323/a/3&num=0&edition=prelim), that there is a significant supply chain risk in a covered procurement;
(2) providing notice of the joint recommendation described in paragraph (1) to any source named in the joint recommendation advising—
(A) that a recommendation is being considered or has been obtained;
(B) to the extent consistent with the national security and law enforcement interests, of information that forms the basis for the recommendation;
(C) that, within 30 days after receipt of the notice, the source may submit information and argument in opposition to the recommendation; and
(D) of the procedures governing the consideration of the submission and the possible exercise of the authority provided in subsection (a);
(3) making a determination in writing, in unclassified or classified form, after considering any information submitted by a source under paragraph (2) and in consultation with the chief information security officer of t
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4713
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) Information acquired from the use of a pen register or trap and trace device installed pursuant to this subchapter concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the provisions of this section.
(2) No information acquired from a pen register or trap and trace device installed and used pursuant to this subchapter may be used or disclosed by Federal officers or employees except for lawful purposes.
**(b) Disclosure for law enforcement purposes** No information acquired pursuant to this subchapter shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General.
**(c) Notification of intended disclosure by United States** Whenever the United States intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States against an aggrieved person any information obtained or derived from the use of a pen register or trap and trace device pursuant to this subchapter, the United States shall, before the trial, hearing, or the other proceeding or at a reasonable time before an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the United States intends to so disclose or so use such information.
**(d) Notification of intended disclosure by State or political subdi
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1845
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Appropriate congressional committees and leadership.—** — The term “appropriate congressional committees and leadership” means—
(A) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Select Committee on Intelligence, and the majority and minority leader of the Senate; and
(B) the Committee on Oversight and Government Reform, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Homeland Security, the Committee on Armed Services, the Committee on Energy and Commerce, the Permanent Select Committee on Intelligence, and the Speaker and minority leader of the House of Representatives.
(2) **Council.—** — The term “Council” means the Federal Acquisition Security Council established under [section 1322(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1322/a&num=0&edition=prelim).
(3) **Covered article.—** — The term “covered article” has the meaning given that term in [section 4713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4713&num=0&edition=prelim).
(4) **Covered procurement action.—** — The term “covered procurement action” has the meaning given that term in [section 4713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4713&num=0&edition=prelim).
(5) **Information and communications technology.—** — The term “information and communications technology” has the meaning given that term in [section 4713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4713&num=0&edition=pre
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1321
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Federal law — U.S. Code and appendices · legal_authorities
The intent of Congress in the definitions as given in this section should be construed from the words or phrases used in the definitions. As used in this chapter:
**(a)** The term “agency of the United States” means the executive branch of the United States, or any Government agency, or the legislative branch of the United States, or any agency, committee, commission, office, or other establishment in the legislative branch, or the judicial branch of the United States, or any office, agency, committee, commission, or other establishment in the judicial branch.
**(b)** The term “agreement for cooperation” means any agreement with another nation or regional defense organization authorized or permitted by sections 2074, 2077, 2094, 2112, 2121(c), 2133, 2134, or 2164 of this title, and made pursuant to [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim).
**(c)** The term “atomic energy” means all forms of energy released in the course of nuclear fission or nuclear transformation.
**(d)** The term “atomic weapon” means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device.
**(e)** The term “byproduct material” means—
(1) any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;
(2) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source mater
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2014
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Federal law — U.S. Code and appendices · legal_authorities
Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;
(2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1254
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Compliance with minimization procedures; lawful purposes** Information acquired from a physical search conducted pursuant to this subchapter concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization procedures required by this subchapter. No information acquired from a physical search pursuant to this subchapter may be used or disclosed by Federal officers or employees except for lawful purposes.
**(b) Notice of search and identification of property seized, altered, or reproduced** Where a physical search authorized and conducted pursuant to [section 1824 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1824&num=0&edition=prelim) involves the residence of a United States person, and, at any time after the search the Attorney General determines there is no national security interest in continuing to maintain the secrecy of the search, the Attorney General shall provide notice to the United States person whose residence was searched of the fact of the search conducted pursuant to this chapter and shall identify any property of such person seized, altered, or reproduced during such search.
**(c) Statement for disclosure** No information acquired pursuant to this subchapter shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General.
**(d) Notification by United States** Whenever the United States intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1825
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Information acquired under section 1881a**
(1) **In general** — Information acquired from an acquisition conducted under [section 1881a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a&num=0&edition=prelim) shall be deemed to be information acquired from an electronic surveillance pursuant to subchapter I for purposes of [section 1806 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1806&num=0&edition=prelim), except for the purposes of subsection (j) of such section.
(2) **United States persons**
(A) *In general* — Any information concerning a United States person acquired under [section 1881a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a&num=0&edition=prelim) shall not be used in evidence against that United States person pursuant to paragraph (1) in any criminal proceeding unless—
(i) the Federal Bureau of Investigation obtained an order of the Foreign Intelligence Surveillance Court to access such information pursuant to [section 1881a(f)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a/f/2&num=0&edition=prelim); or
(ii) the Attorney General determines that—
(I) the criminal proceeding affects, involves, or is related to the national security of the United States; or
(II) the criminal proceeding involves—
(aa) death;
(bb) kidnapping;
(cc) serious bodily injury, as defined in [section 1365 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1365&num=0&edition=prelim);
(dd) conduct that constitutes a criminal offense that is a specified offense against a minor, as defined i
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1881e
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
**(a)** “Foreign power” means—
(1) a foreign government or any component thereof, whether or not recognized by the United States;
(2) a faction of a foreign nation or nations, not substantially composed of United States persons;
(3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;
(4) a group engaged in international terrorism or activities in preparation therefor;
(5) a foreign-based political organization, not substantially composed of United States persons;
(6) an entity that is directed and controlled by a foreign government or governments; or
(7) an entity not substantially composed of United States persons that is engaged in the international proliferation of weapons of mass destruction.
**(b)** “Agent of a foreign power” means—
(1) any person other than a United States person, who—
(A) acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4), irrespective of whether the person is inside the United States;
(B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances indicate that such person may engage in such activities, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities;
(C) Omitted
(D) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor; or
(E) engages in the international proliferation of weapons of mass destruction, or activities in prepa
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
Page 31
TITLE 41—PUBLIC CONTRACTS
§ 1327
§ 1325. Annual report
Not later than December 31 of each year, the
Chairperson of the Council shall submit to the
appropriate congressional committees and lead-
ership a report on the activities of the Council
during the preceding 12-month period.
(Added Pub. L. 115–390, title II, § 202(a), Dec. 21,
2018, 132 Stat. 5184.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 90 days after Dec. 21, 2018, and appli-
cable to contracts that are awarded before, on, or after
that date, see section 202(c) of Pub. L. 115–390, set out
as a note under section 1321 of this title.
Title II of Pub. L. 115–390 effective 90 days after Dec.
21, 2018, see section 205 of Pub. L. 115–390, set out as a
note under section 1321 of this title.
§ 1326. Requirements for executive agencies
(a) IN GENERAL.—The head of each executive
agency shall be responsible for—
(1) assessing the supply chain risk posed by
the acquisition and use of covered articles and
avoiding, mitigating, accepting, or transfer-
ring that risk, as appropriate and consistent
with the standards, guidelines, and practices
identified
by
the
Council
under
section
1323(a)(1); and
(2) prioritizing supply chain risk assess-
ments conducted under paragraph (1) based on
the criticality of the mission, system, compo-
nent, service, or asset.
(b) INCLUSIONS.—The responsibility for assess-
ing supply chain risk described in subsection (a)
includes—
(1) developing an overall supply chain risk
management strategy and implementation
plan and policies and processes to guide and
govern supply chain risk management activi-
ties;
(2) integrating supply chain risk manage-
ment practices throughout the life cycle of the
system, component, service, or
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 1327
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.