§2315 — Title 21 Food and Drugs | U.S. Code

Summary

When a court examines a decision or penalty that depends on classified information (as defined by the Classified Information Procedures Act), the President may give that information to the judge privately and without sharing it with the other side. That permission does not create any right to have a court review those decisions or penalties, and it does not stop the United States from using other ways to protect classified information in hearings, lawsuits, or other proceedings.

Title 21, §2315

Food and Drugs — Source: USLM XML via OLRC

(a)If a finding under this subchapter, or a prohibition, condition, or penalty imposed as a result of any such finding, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the President may submit such information to the court ex parte and in camera.

(b)Nothing in this section shall be construed—

(1)to confer or imply any right to judicial review of any finding under this subchapter, or any prohibition, condition, or penalty imposed as a result of any such finding; or

(2)to limit or restrict any other practice, procedure, right, remedy, or safeguard that—

(A)relates to the protection of classified information; and

(B)is available to the United States in connection with any type of administrative hearing, litigation, or other proceeding.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1(a) of the Classified Information Procedures Act, referred to in subsec.(a), is section 1(a) of Pub. L. 95–456, Oct. 15, 1980, 94 Stat. 2025, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure. This subchapter, referred to in subsecs. (a) and (b)(1), was in the original “this subtitle”, meaning subtitle A (§§ 7211–7217) of title LXXII of div. F of Pub. L. 116–92, which is classified principally to this subchapter. For complete classification of subtitle A to the Code, see Tables.

Executive Documents

Delegation of Functions Functions and authorities of President under subsection (a) of this section delegated to Secretary of the Treasury, in consultation with the Secretary of State, by section 1(d)(viii) of Memorandum of President of the United States, Mar. 31, 2020, 85 F.R. 22343, set out as a note under section 2311 of this title.

§2315 Procedures for Judicial Review of Classified Information