---
kind: "section"
citation: "50 U.S.C. § 1885a"
title: "50"
title_heading: "War and National Defense"
number: "1885a"
heading: "Procedures for implementing statutory defenses"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/50/1885a"
units:
  - "Chapter 36 — Foreign Intelligence Surveillance"
  - "Subchapter VII — Protection of Persons Assisting the Government"
---

# §1885a. Procedures for implementing statutory defenses

- (a) **Requirement for certification—** Notwithstanding any other provision of law, a [civil action](/usc/50/1885.md?p=2) may not lie or be maintained in a Federal or [State](/usc/50/1885.md?p=9) [court](/usc/50/1881.md?p=b-2) against any [person](/usc/50/1885.md?p=8) for providing [assistance](/usc/50/1885.md?p=1) to an element of the [intelligence community](/usc/50/1885.md?p=7), and shall be promptly dismissed, if the [Attorney General](/usc/50/1881.md?p=a) certifies to the district [court](/usc/50/1881.md?p=b-2) of the [United States](/usc/50/1881.md?p=a) in which such action is pending that—
  - (1) any [assistance](/usc/50/1885.md?p=1) by that [person](/usc/50/1885.md?p=8) was provided pursuant to an order of the [court](/usc/50/1881.md?p=b-2) established under [section 1803(a) of this title](/usc/50/1803.md?p=a) directing such [assistance](/usc/50/1885.md?p=1);
  - (2) any [assistance](/usc/50/1885.md?p=1) by that [person](/usc/50/1885.md?p=8) was provided pursuant to a certification in writing under section [2511(2)(a)(ii)(B)](/usc/18/2511.md) or [2709(b)](/usc/18/2709.md?p=b) of title 18;
  - (3) any [assistance](/usc/50/1885.md?p=1) by that [person](/usc/50/1885.md?p=8) was provided pursuant to a directive under section [1802(a)(4)](/usc/50/1802.md?p=a-4), 1805b(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), or [1881a(i)](/usc/50/1881a.md?p=i) of this title directing such [assistance](/usc/50/1885.md?p=1);
  - (4) in the case of a [covered civil action](/usc/50/1885.md?p=5), the [assistance](/usc/50/1885.md?p=1) alleged to have been provided by the [electronic communication service provider](/usc/50/1885.md?p=6) 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](/usc/50/1881.md?p=a); and
    - (B) the subject of a written request or directive, or a series of written requests or directives, from the [Attorney General](/usc/50/1881.md?p=a) or the head of an element of the [intelligence community](/usc/50/1885.md?p=7) (or the deputy of such [person](/usc/50/1885.md?p=8)) to the [electronic communication service provider](/usc/50/1885.md?p=6) indicating that the activity was—
      - (i) authorized by the President; and
      - (ii) determined to be lawful; or
  - (5) the [person](/usc/50/1885.md?p=8) did not provide the alleged [assistance](/usc/50/1885.md?p=1).
- (b) **Judicial review—**
  - (1) **Review of certifications—** A certification under [subsection (a)](#a) shall be given effect unless the [court](/usc/50/1881.md?p=b-2) finds that such certification is not supported by substantial evidence provided to the [court](/usc/50/1881.md?p=b-2) pursuant to this section.
  - (2) **Supplemental materials—** In its review of a certification under [subsection (a)](#a), the [court](/usc/50/1881.md?p=b-2) may examine the [court](/usc/50/1881.md?p=b-2) order, certification, written request, or directive described in [subsection (a)](#a) and any relevant [court](/usc/50/1881.md?p=b-2) order, certification, written request, or directive submitted pursuant to [subsection (d)](#d).
- (c) **Limitations on disclosure—** If the [Attorney General](/usc/50/1881.md?p=a) files a declaration under [section 1746 of title 28](/usc/28/1746.md) that disclosure of a certification made pursuant to [subsection (a)](#a) or the supplemental materials provided pursuant to subsection [(b)](#b) or [(d)](#d) would harm the national security of the [United States](/usc/50/1881.md?p=a), the [court](/usc/50/1881.md?p=b-2) 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)](#a) that is the basis for the certification.
- (d) **Role of the parties—** Any plaintiff or defendant in a [civil action](/usc/50/1885.md?p=2) may submit any relevant [court](/usc/50/1881.md?p=b-2) order, certification, written request, or directive to the district [court](/usc/50/1881.md?p=b-2) referred to in [subsection (a)](#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](/usc/50/1881.md?p=b-2) shall review such information in camera and ex parte, and shall issue any part of the [court](/usc/50/1881.md?p=b-2)’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](/usc/50/1881.md?p=a) under this section shall be performed by the [Attorney General](/usc/50/1881.md?p=a) (or Acting [Attorney General](/usc/50/1881.md?p=a)) or the Deputy [Attorney General](/usc/50/1881.md?p=a).
- (f) **Appeal—** The [courts](/usc/50/1881.md?p=b-2) of appeals shall have jurisdiction of appeals from interlocutory orders of the district [courts](/usc/50/1881.md?p=b-2) of the [United States](/usc/50/1881.md?p=a) granting or denying a motion to dismiss or for summary judgment under this section.
- (g) **Removal—** A [civil action](/usc/50/1885.md?p=2) against a [person](/usc/50/1885.md?p=8) for providing [assistance](/usc/50/1885.md?p=1) to an element of the [intelligence community](/usc/50/1885.md?p=7) that is brought in a [State](/usc/50/1885.md?p=9) [court](/usc/50/1881.md?p=b-2) shall be deemed to arise under the Constitution and laws of the [United States](/usc/50/1881.md?p=a) and shall be removable under [section 1441 of title 28](/usc/28/1441.md).
- (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](/usc/50/1885.md?p=2) pending on or filed after July 10, 2008.

## Source credit

(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.)

## Notes

### 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 “section 1881a(h) of this title”, was executed by substituting “1881a(i) of this title” for “1881a(h) of this title” to reflect the probable intent of Congress.