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Title 42, The Public Health and WelfareRelease 119-110

§2000dd–1 Protection of United States Government Personnel Engaged in Authorized Interrogations

Title 42 › CHAPTER 21D — DETAINEE TREATMENT › § 2000dd–1

Last updated Sep 22, 2026|Official source

Summary

Allows U.S. officers, employees, service members, or other U.S. agents to use a legal defense if they are sued or prosecuted for certain detention and interrogation actions. The defense applies when those actions involved foreigners the President or his designees had identified as believed to be tied to international terrorism that is a serious, continuing threat, and when the actions were officially authorized and found lawful at the time. Not knowing the actions were illegal, and whether a reasonable person would also not know, is a valid defense. Relying in good faith on a lawyer’s advice is an important factor. This does not cancel other defenses or create immunity from criminal prosecution by proper authorities. The government must provide or hire lawyers and pay legal fees, court costs, bail, and other expenses for defending such people in any civil or criminal case or investigation, in U.S., foreign, or international forums, under the same rules and to the same extent as allowed by section 1037 of title 10.

Full Legal Text

Title 42, §2000dd–1

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

(a)Protection of United States Government personnel
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)Counsel
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.

Legislative History

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.”

Reference

Citations & Metadata

Citation

42 U.S.C. § 2000dd–1

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110