50 USC 1885a - Procedures for implementing statutory defenses

U.S Code last checked for updates: May 06, 2024

§ 1885a.

Procedures for implementing statutory defenses

(a)

Requirement for certification

Notwithstanding any other provision of law, a civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be promptly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that—

(1)

any assistance by that person was provided pursuant to an order of the court established under section 1803(a) of this title directing such assistance;

(2)

any assistance by that person was provided pursuant to a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18;

(3)

any assistance by that person was provided pursuant to a directive under section 1802(a)(4), 1805b(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), or 1881a(i) of this title directing such assistance;

(4)

in the case of a covered civil action, the assistance alleged to have been provided by the electronic communication service provider was—

(A)

in connection with an intelligence activity involving communications that was—

(i)

authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and

(ii)

designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States; and

(B)

the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was—

(i)

authorized by the President; and

(ii)

determined to be lawful; or

(5)

the person did not provide the alleged assistance.

(b)

Judicial review

(1)

Review of certifications

(2)

Supplemental materials

(c)

Limitations on disclosure

If the Attorney General files a declaration under section 1746 of title 28 that disclosure of a certification made pursuant to subsection (a) or the supplemental materials provided pursuant to subsection (b) or (d) would harm the national security of the United States, the court shall—

(1)

review such certification and the supplemental materials in camera and ex parte; and

(2)

limit any public disclosure concerning such certification and the supplemental materials, including any public order following such in camera and ex parte review, to a statement as to whether the case is dismissed and a description of the legal standards that govern the order, without disclosing the paragraph of subsection (a) that is the basis for the certification.

(d)

Role of the parties

(e)

Nondelegation

(f)

Appeal

(g)

Removal

(h)

Relationship to other laws

(i)

Applicability

(Pub. L. 95–511, title VIII, § 802, as added Pub. L. 110–261, title II, § 201, July 10, 2008, 122 Stat. 2468; amended Pub. L. 115–118, title I, § 101(b)(2)(A), Jan. 19, 2018, 132 Stat. 8.)

cite as: 50 USC 1885a