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50 U.S.C. § 1885a — Procedures for implementing statutory defenses

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803/a&num=0&edition=prelim) 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 ind

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Stable record: federal_law:legal_authorities:record_usc_a5671b369341f52cb9fc1d00
Source file: Laws/federal/codes/united-states-code/title-50/section-1885a-procedures-for-implementing-statutory-defenses--b9371fcd5e.md
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Passage SHA-256: 99b3966f614724854c0f402cf9841e703f60ab9eb072a40249cdefd56a2c3ce0

Source location: Title 50, Chapter 36, § 1885a; chapter-036-foreign-intelligence-surveillance.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803/a&num=0&edition=prelim) 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** — A certification under subsection (a) shall be given effect unless the court finds that such certification is not supported by substantial evidence provided to the court pursuant to this section. (2) **Supplemental materials** — In its review of a certification under subsection (a), the court may examine the court order, certification, written request, or directive described in subsection (a) and any relevant court order, certification, written request, or directive submitted pursuant to subsection (d). **(c) Limitations on disclosure** If the Attorney General files a declaration under [section 1746 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1746&num=0&edition=prelim) 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** Any plaintiff or defendant in a civil action may submit any relevant court order, certification, written request, or directive to the district court referred to in subsection (a) for review and shall be permitted to participate in the briefing or argument of any legal issue in a judicial proceeding conducted pursuant to this section, but only to the extent that such participation does not require the disclosure of classified information to such party. To the extent that classified information is relevant to the proceeding or would be revealed in the determination of an issue, the court shall review such information in camera and ex parte, and shall issue any part of the court’s written order that would reveal classified information in camera and ex parte and maintain such part under seal. **(e) Nondelegation** The authority and duties of the Attorney General under this section shall be performed by the Attorney General (or Acting Attorney General) or the Deputy Attorney General. **(f) Appeal** The courts of appeals shall have jurisdiction of appeals from interlocutory orders of the district courts of the United States granting or denying a motion to dismiss or for summary judgment under this section. **(g) Removal** A civil action against a person for providing assistance to an element of the intelligence community that is brought in a State court shall be deemed to arise under the Constitution and laws of the United States and shall be removable under [section 1441 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1441&num=0&edition=prelim). **(h) Relationship to other laws** Nothing in this section shall be construed to limit any otherwise available immunity, privilege, or defense under any other provision of law. **(i) Applicability** This section shall apply to a civil action pending on or filed after July 10, 2008.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1441 — Removal of civil actions

**(a) Generally.—** Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending. **(b) Removal Based on Diversity of Citizenship.—** (1) In determining whether a civil action is removable on the basis of the jurisdiction under [section 1332(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1332/a&num=0&edition=prelim), the citizenship of defendants sued under fictitious names shall be disregarded. (2) A civil action otherwise removable solely on the basis of the jurisdiction under [section 1332(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1332/a&num=0&edition=prelim) may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought. **(c) Joinder of Federal Law Claims and State Law Claims.—** (1) If a civil action includes— (A) a claim arising under the Constitution, laws, or treaties of the United States (within the meaning of [section 1331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1331&num=0&edition=prelim)), and (B) a claim not within the original or supplemental jurisdiction of the district court or a claim that has been made nonremovable by statute, the entire action may be removed if the action would be removable without the inclusion of the claim described in subparagraph (B). (2) Upon removal of an action described in paragraph (1), the d

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1746 — Unsworn declarations under penalty of per­jury

Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: (1) If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).(Signature)”. (2) If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).(Signature)”.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1885c — Reporting

**(a) Semiannual report** Not less frequently than once every 6 months, the Attorney General shall, in a manner consistent with national security, the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution, fully inform the congressional intelligence committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives concerning the implementation of this subchapter. **(b) Content** Each report made under subsection (a) shall include— (1) any certifications made under [section 1885a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1885a&num=0&edition=prelim); (2) a description of the judicial review of the certifications made under [section 1885a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1885a&num=0&edition=prelim); and (3) any actions taken to enforce the provisions of [section 1885b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1885b&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1885c

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1885a — Procedures for implementing statutory

Page 309 TITLE 50—WAR AND NATIONAL DEFENSE § 1885a SUBCHAPTER VII—PROTECTION OF PERSONS ASSISTING THE GOVERNMENT § 1885. Definitions In this subchapter: (1) Assistance The term ‘‘assistance’’ means the provision of, or the provision of access to, information (including communication contents, commu- nications records, or other information relat- ing to a customer or communication), facili- ties, or another form of assistance. (2) Civil action The term ‘‘civil action’’ includes a covered civil action. (3) Congressional intelligence committees The term ‘‘congressional intelligence com- mittees’’ means— (A) the Select Committee on Intelligence of the Senate; and (B) the Permanent Select Committee on Intelligence of the House of Representatives. (4) Contents The term ‘‘contents’’ has the meaning given that term in section 1801(n) of this title. (5) Covered civil action The term ‘‘covered civil action’’ means a civil action filed in a Federal or State court that— (A) alleges that an electronic communica- tion service provider furnished assistance to an element of the intelligence community; and (B) seeks monetary or other relief from the electronic communication service pro- vider related to the provision of such assist- ance. (6) Electronic communication service provider The term ‘‘electronic communication service provider’’ means— (A) a telecommunications carrier, as that term is defined in section 153 of title 47; (B) a provider of electronic communication service, as that term is defined in section 2510 of title 18; (C) a provider of a remote computing serv- ice, as that term is defined in section 2711 of title 18; (D) any other communication service pro- vider who has access to wire or electronic communications either as such commun

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1885a

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