Page:United States Statutes at Large Volume 122.djvu/2492

 12 2 STA T . 2 469PUBLIC LA W 11 0– 261 —J UL Y 10, 200 8‘ ‘ (i)author i zedby the P re s ide n t durin g the p eriod beginning on S epte m ber 1 1 ,20 01, and ending on J anuary 1 7, 2007 and ‘‘(ii) designed to dete c torpre v ent a terrorist attac k , or activities in preparation f or a terrorist attack, against the U nited States; and ‘‘( B ) the sub j ectofa w ritten re q uest or directive, or a series of written requests or directives, from the A ttorney G enera l 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) J UDIC I ALREV IE W .— ‘‘(1) REVIEW OF CE RT IFICATIO NS .—A certification under sub - section (a) shall be given effect unless the court finds that such certification is not supported by substantial evidence pro- vided to the court pursuant to this section. ‘‘(2) SU P PLE M ENTAL MATERIALS.— I n its review of a certifi- cation under subsection (a), the court may e x amine the court order, certification, written request, or directive described in subsection (a) and any relevant court order, certification, writ- ten request, or directive submitted pursuant to subsection (d). ‘‘(c) L IMITATIONS ON D ISCLOSURE.—If the Attorney General files a declaration under section 17 46 of title 2 8, United States C ode, 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 mate- rials 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 T H E PARTIES.—Any plaintiff or defendant in a civil action may submit any relevant court order, certification, writ- ten 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 participa- tion does not require the disclosure of classified information to such party. T o 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) N ONDELE G ATION.—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 Gen- eral. Revi e w. Review.

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