§2000dd–1 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Gives U.S. government officers, employees, members of the Armed Forces, or other agents who are U.S. persons a legal defense in civil or criminal cases when they used officially authorized detention or interrogation methods on aliens that the President or his designees identified as linked to international terrorist activity posing a serious, continuing threat to the United States, its interests, or its allies. The person can defend themselves by showing they did not know the actions were illegal and that a reasonable person would not have known; relying in good faith on a lawyer’s advice is an important factor. The rule does not remove other defenses or protections, and it does not grant immunity from criminal prosecution. The United States must provide or pay for lawyers, fees, court costs, bail, and related expenses for those covered cases or investigations, in U.S., foreign, or international courts or agencies, under the same terms and to the same extent as allowed under section 1037 of title 10.

Title 42, §2000dd–1

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In any civil action or criminal prosecution against an officer, employee, member of the Armed Forces, or other agent of the United States Government who is a United States person, arising out of the officer, employee, member of the Armed Forces, or other agent’s engaging in specific operational practices, that involve detention and interrogation of aliens who the President or his designees have determined are believed to be engaged in or associated with international terrorist activity that poses a serious, continuing threat to the United States, its interests, or its allies, and that were officially authorized and determined to be lawful at the time that they were conducted, it shall be a defense that such officer, employee, member of the Armed Forces, or other agent did not know that the practices were unlawful and a person of ordinary sense and understanding would not know the practices were unlawful. Good faith reliance on advice of counsel should be an important factor, among others, to consider in assessing whether a person of ordinary sense and understanding would have known the practices to be unlawful. Nothing in this section shall be construed to limit or extinguish any defense or protection otherwise available to any person or entity from suit, civil or criminal liability, or damages, or to provide immunity from prosecution for any criminal offense by the proper authorities.

(b)The United States Government shall provide or employ counsel, and pay counsel fees, court costs, bail, and other expenses incident to the representation of an officer, employee, member of the Armed Forces, or other agent described in subsection (a), with respect to any civil action or criminal prosecution or investigation arising out of practices described in that subsection, whether before United States courts or agencies, foreign courts or agencies, or international courts or agencies, under the same conditions, and to the same extent, to which such services and payments are authorized under section 1037 of title 10.

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 109–148 and Pub. L. 109–163 enacted identical sections. The section enacted by Pub. L. 109–148, but not the section enacted by Pub. L. 109–163, was amended by Pub. L. 109–366, see 2006 Amendment notes below. The text of this section is based on the text of section 1004 of Pub. L. 109–148 as amended by Pub. L. 109–366.

Amendments

2008—Subsec. (b). Pub. L. 110–181, § 1063(d)(1), as amended by Pub. L. 110–417, made technical correction to directory language of Pub. L. 109–366, § 8(a)(3). See 2006 Amendment note below. 2006—Subsec. (b). Pub. L. 109–366, § 8(a)(3), as amended by Pub. L. 110–181, § 1063(d)(1), as amended by Pub. L. 110–417, inserted “whether before United States courts or agencies, foreign courts or agencies, or international courts or agencies,” after “described in that subsection,”. Pub. L. 109–366, § 8(a)(1), (2), substituted “shall provide” for “may provide” and inserted “or investigation” after “criminal prosecution”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment by Pub. L. 110–417 effective Jan. 28, 2008, and as if included in Pub. L. 110–181 as enacted, see section 1061(b) of Pub. L. 110–417, set out as a note under section 6382 of Title 5, Government Organization and Employees. Pub. L. 110–181, div. A, title X, § 1063(d), Jan. 28, 2008, 122 Stat. 323, provided that the

Amendments

made by section 1063(d), which amended this section and provisions set out as a note under section 801 of Title 10, Armed Forces, are effective as of Oct. 17, 2006, and as if included in Pub. L. 109–366 as enacted.

Effective Date

of 2006 Amendment Pub. L. 109–366, § 8(b), Oct. 17, 2006, 120 Stat. 2636, provided that: “section 1004 of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd–1) shall apply with respect to any criminal prosecution that— “(1) relates to the detention and interrogation of aliens described in such section; “(2) is grounded in section 2441(c)(3) of title 18, United States Code; and “(3) relates to actions occurring between

September 11, 2001, and

December 30, 2005.”

§2000dd–1 Protection of United States Government personnel engaged in authorized interrogations

Summary

Title 42, §2000dd–1

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Citations & Metadata