12 2 STA T . 2 470PUBLIC LA W 110 – 2 6 1 —J UL Y 10 , 200 8‘ ‘ (f)AP P EAL.—Thecourts of ap pea l s shall ha v e j ur i s d ictio n of appeals fro m interlocutor y orders of the district courts of the U nited S tates g ranting or denying a motion to dismiss or for summary judgment under this section. ‘‘(g) R E MOV AL.—A civil action against a person for providing assistance to an element of the intelligence community that is b rought in a State court shall be deemed to arise under the C on - stitution and la w s of the United States and shall be removable under section 14 41 of title 28, United States Code. ‘‘(h) RELA TI O NSH IP TO O THE RL A W S.— N othing in this section shall be construed to limit any otherwise available immunity, privi- lege, or defense under any other provision of law. ‘‘(i) APPLI C A B ILIT Y .—This section shall apply to a civil action pending on or filed after the date of the enactment of the FI SA Amendments Act of 2 0 08. ‘ ‘ SEC.803 . PR EE M P TION . ‘‘(a) IN G ENERAL.—No State shall have authority to— ‘‘(1) conduct an investigation into an electronic communica- tion service provider ’ s alleged assistance to an element of the intelligence community
‘‘(2) re q uire 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 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 assist- ance to an element of the intelligence community. ‘‘(b) S U ITS BY THE UNITE D STATES.—The United States may bring suit to enforce the provisions of this section. ‘‘(c) J URISDICTION.—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 the date of the enactment of the FISA Amendments Act of 2008. ‘‘SEC. 80 4 . REPORTIN G . ‘‘(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 H ouse of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 9 4th 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 title. ‘‘(b) CONTENT.— E ach report made under subsection (a) shall include— ‘‘(1) any certifications made under section 802; ‘‘(2) a description of the judicial review of the certifications made under section 802; and ‘‘(3) any actions ta k en to enforce the provisions of section 803.’’. 50USC18 85 c. 50 USC 1885 b .
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