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 communica- tions are transmitted or as such communica- tions are stored; (E) any other service provider who has ac- cess to equipment that is being or may be used to transmit or store wire or electronic communications, but not including any enti- ty that serves primarily as— (i) a public accommodation facility, as that term is defined in section 1861(4) of this title; (ii) a dwelling, as that term is defined in section 3602 of title 42; (iii) a community facility, as that term is defined in section 1592n of title 42; or (iv) a food service establishment, as that term is defined in section 1638 of title 7; (F) a parent, subsidiary, affiliate, suc- cessor, or assignee of an entity described in subparagraph (A), (B), (C), or (D); (G) an officer, employee, custodian, or agent of an entity described in subparagraph (A), (B), (C), (D), (E), or (F). (7) Intelligence community The term ‘‘intelligence community’’ has the meaning given the term in section 3003(4) of this title. (8) Person The term ‘‘person’’ means— (A) an electronic communication service provider; or (B) a landlord, custodian, or other person who may be authorized or required to fur- nish assistance pursuant to— (i) an order of the court established under section 1803(a) of this title directing such assistance; (ii) a certification in writing under sec- tion 2511(2)(a)(ii)(B) or 2709(b) of title 18; or (iii) a directive under section 1802(a)(4), 1805b(e), as added by section 2 of the Pro- tect America Act of 2007 (Public Law 110–55), or 1881a(i) of this title. (9) State The term ‘‘State’’ means any State, political subdivision of a State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States, and includes any officer, public utility com- mission, or other body authorized to regulate an electronic communication service provider. (Pub. L. 95–511, title VIII, § 801, as added Pub. L. 110–261, title II, § 201, July 10, 2008, 122 Stat. 2467; amended Pub. L. 115–118, title I, § 101(b)(2)(A), title II, § 205(a)(7), Jan. 19, 2018, 132 Stat. 8, 21; Pub. L. 118–49, § 25(b), Apr. 20, 2024, 138 Stat. 893.) Editorial Notes REFERENCES IN TEXT Section 1805b of this title, referred to in par. (8)(B)(iii), was repealed by Pub. L. 110–261, title IV, § 403(a)(1)(A), July 10, 2008, 122 Stat. 2473. AMENDMENTS 2024—Par. (6)(E). Pub. L. 118–49, § 25(b)(3), added sub- par. (E). Former subpar. (E) redesignated (F). Par. (6)(F). Pub. L. 118–49, § 25(b)(1), (2), redesignated subpar. (E) as (F) and struck out ‘‘or’’ at end. Former subpar. (F) redesignated (G). Par. (6)(G). Pub. L. 118–49, § 25(b)(1), (4), redesignated subpar. (F) as (G), inserted ‘‘custodian,’’ after ‘‘em- ployee,’’, and substituted ‘‘(D), (E), or (F)’’ for ‘‘(D), or (E)’’. 2018—Par. (7). Pub. L. 115–118, § 205(a)(7), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 3003(4) of this title. Par. (8)(B)(iii). Pub. L. 115–118, § 101(b)(2)(A), which di- rected substitution of ‘‘section 1881a(i) of this title’’ for ‘‘section 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. § 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 Page 310 TITLE 50—WAR AND NATIONAL DEFENSE § 1885a Federal or State court against any person for providing assistance to an element of the intel- ligence community, and shall be promptly dis- missed, 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 pro- vided pursuant to an order of the court estab- lished under section 1803(a) of this title direct- ing such assistance; (2) any assistance by that person was pro- vided 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 pro- vided 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 ac- tivity 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 ter- rorist attack, or activities in preparation for a terrorist attack, against the United States; and (B) the subject of a written request or di- rective, or a series of written requests or di- rectives, from the Attorney General or the head of an element of the intelligence com- munity (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 as- sistance. (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 sub- section (a), the court may examine the court order, certification, written request, or direc- tive described in subsection (a) and any rel- evant court order, certification, written re- quest, or directive submitted pursuant to sub- section (d). (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 supple- mental materials in camera and ex parte; and (2) limit any public disclosure concerning such certification and the supplemental mate- rials, including any public order following such in camera and ex parte review, to a state- ment as to whether the case is dismissed and a description of the legal standards that gov- ern the order, without disclosing the para- graph 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, certifi- cation, written request, or directive to the dis- trict court referred to in subsection (a) for re- view and shall be permitted to participate in the briefing or argument of any legal issue in a judi- cial proceeding conducted pursuant to this sec- tion, but only to the extent that such participa- tion does not require the disclosure of classified information to such party. To the extent that classified information is relevant to the pro- ceeding or would be revealed in the determina- tion of an issue, the court shall review such in- formation 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 Gen- eral 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 re- movable under section 1441 of title 28. (h) Relationship to other laws Nothing in this section shall be construed to limit any otherwise available immunity, privi- lege, or defense under any other provision of law. (i) Applicability This section shall apply to a civil action pend- ing on or filed after July 10, 2008. (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.) Editorial Notes REFERENCES IN TEXT Section 1805b of this title, referred to in subsec. (a)(3), was repealed by Pub. L. 110–261, title IV, § 403(a)(1)(A), July 10, 2008, 122 Stat. 2473. AMENDMENTS 2018—Subsec. (a)(3). Pub. L. 115–118, which directed substitution of ‘‘section 1881a(i) of this title’’ for ‘‘sec- 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 Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolu- tion, 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; (2) a description of the judicial review of the certifications made under section 1885a of this title; and (3) any actions taken to enforce the provi- sions of section 1885b of this title. (Pub. L. 95–511, title VIII, § 804, as added Pub. L. 110–261, title II, § 201, July 10, 2008, 122 Stat. 2470.) CHAPTER 37—NATIONAL SECURITY SCHOL- ARSHIPS, FELLOWSHIPS, AND GRANTS Sec. 1901. Short title, findings, and purposes. 1902. Scholarship, fellowship, and grant program. 1903. National Security Education Board. 1904. National Security Education Trust Fund. 1905. Regulations and administrative provisions. 1906. Annual report. 1907. Government Accountability Office audits. 1908. Definitions. 1909. Fiscal year 1992 funding. 1910. Funding. 1911. Additional annual authorization of appropria- tions. 1912. Funding for scholarship program for ad- vanced English language studies by herit- age community citizens. 1913. National Language Service Corps. 1914. Department of Defense program to protect United States students against foreign agents. § 1901. Short title, findings, and purposes (a) Short title This chapter may be cited as the ‘‘David L. Boren National Security Education Act of 1991’’. (b) Findings The Congress makes the following findings: (1) The security of the United States is and will continue to depend on the ability of the United States to exercise international leader- ship. (2) The ability of the United States to exer- cise international leadership is, and will in- creasingly continue to be, based on the polit- ical and economic strength of the United States, as well as on United States military strength around the world. (3) Recent changes in the world pose threats of a new kind to international stability as Cold War tensions continue to decline while economic competition, regional conflicts, ter- rorist activities, and weapon proliferations have dramatically increased. (4) The future national security and eco- nomic well-being of the United States will de- pend substantially on the ability of its citi- zens to communicate and compete by knowing the languages and cultures of other countries. (5) The Federal Government has an interest in ensuring that the employees of its depart- ments and agencies with national security re- sponsibilities are prepared to meet the chal- lenges of this changing international environ- ment. (6) The Federal Government also has an in- terest in taking actions to alleviate the prob- lem of American undergraduate and graduate students being inadequately prepared to meet the challenges posed by increasing global interaction among nations. (7) American colleges and universities must place a new emphasis on improving the teach- ing of foreign languages, area studies, counterproliferation studies, and other inter- national fields to help meet those challenges. (c) Purposes The purposes of this chapter are as follows: (1) To provide the necessary resources, ac- countability, and flexibility to meet the na-