50 USC § 1885b - Preemption

---
identifier: "/us/usc/t50/s1885b"
source: "usc"
legal_status: "official_prima_facie"
title: "50 USC § 1885b - Preemption"
title_number: 50
title_name: "WAR AND NATIONAL DEFENSE"
section_number: "1885b"
section_name: "Preemption"
chapter_number: 36
chapter_name: "FOREIGN INTELLIGENCE SURVEILLANCE"
subchapter_number: "VII"
subchapter_name: "PROTECTION OF PERSONS ASSISTING THE GOVERNMENT"
positive_law: false
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 95–511, title VIII, § 803, as added Pub. L. 110–261, title II, § 201, July 10, 2008, 122 Stat. 2470.)"
---


# § 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** July 10, 2008

This section shall apply to any investigation, action, or proceeding that is pending on or commenced after .

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**Source Credit**: (Pub. L. 95–511, title VIII, § 803, as added Pub. L. 110–261, title II, § 201, July 10, 2008, 122 Stat. 2470.)