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50 U.S.C. § 1885c — Reporting

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).

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

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

50 U.S.C. § 1885b — Preemption

**(a) In general** No State shall have authority to— (1) conduct an investigation into an electronic communication service provider’s alleged assistance to an element of the intelligence community; (2) require through regulation or any other means the disclosure of information about an electronic communication service provider’s alleged assistance to an element of the intelligence community; (3) impose any administrative sanction on an electronic communication service provider for assistance to an element of the intelligence community; or (4) commence or maintain a civil action or other proceeding to enforce a requirement that an electronic communication service provider disclose information concerning alleged assistance to an element of the intelligence community. **(b) Suits by the United States** The United States may bring suit to enforce the provisions of this section. **(c) Jurisdiction** The district courts of the United States shall have jurisdiction over any civil action brought by the United States to enforce the provisions of this section. **(d) Application** This section shall apply to any investigation, action, or proceeding that is pending on or commenced after July 10, 2008.

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

50 U.S.C. § 1885c — Reporting

Page 311 TITLE 50—WAR AND NATIONAL DEFENSE § 1901 tion 1881a(h) of this title’’, was executed by sub- stituting ‘‘1881a(i) of this title’’ for ‘‘1881a(h) of this title’’ to reflect the probable intent of Congress. § 1885b. Preemption (a) In general No State shall have authority to— (1) conduct an investigation into an elec- tronic communication service provider’s al- leged assistance to an element of the intel- ligence community; (2) require through regulation or any other means the disclosure of information about an electronic communication service provider’s alleged assistance to an element of the intel- ligence community; (3) impose any administrative sanction on an electronic communication service provider for assistance to an element of the intel- ligence community; or (4) commence or maintain a civil action or other proceeding to enforce a requirement that an electronic communication service pro- vider disclose information concerning alleged assistance to an element of the intelligence community. (b) Suits by the United States The United States may bring suit to enforce the provisions of this section. (c) Jurisdiction The district courts of the United States shall have jurisdiction over any civil action brought by the United States to enforce the provisions of this section. (d) Application This section shall apply to any investigation, action, or proceeding that is pending on or com- menced after July 10, 2008. (Pub. L. 95–511, title VIII, § 803, as added Pub. L. 110–261, title II, § 201, July 10, 2008, 122 Stat. 2470.) § 1885c. Reporting (a) Semiannual report Not less frequently than once every 6 months, the Attorney General shall, in a manner con- sistent with national security, the Rules of the House of Representatives, the Sta

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