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S 876 111th Congress Senate

A bill to provide for the substitution of the United States in certain civil actions relating to electronic service providers and FISA.

Introduced: April 23, 2009 See on congress.gov
Law Civil actions and liabilityEvidence and witnessesIntelligence activities, surveillance, classified informationTelephone and wireless communicationTerrorism
This bill died when the 111th Congress ended
It never became law before the 111th Congress (2009–2010) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Apr 23, 2009
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S4678-4679)
Apr 23, 2009
Sponsor introductory remarks on measure. (CR S4678)
Apr 23, 2009
Introduced in Senate
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 Latest action April 23, 2009

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S4678-4679)

 Plain-English summary Congressional Research Service

Amends the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 to require a federal or state court to substitute the United States for an electronic communication service provider with respect to any claim in a covered civil action if the Attorney General certifies to the court that either: (1) the service provider did not provide the alleged assistance; or (2) the assistance alleged to have been provided was in connection with an intelligence activity involving communications authorized by the President between September 11, 2001, and January 17, 2007, and designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States. Requires the alleged provider assistance to be described in a written request or directive from the Attorney General or the head of an element of the intelligence community to the electronic communication service provider indicating that the activity was authorized by the President and determined to be lawful.

Requires a federal or state court, upon receiving such a certification, to: (1) substitute the United States for the electronic communication service provider as the defendant as to all claims designated by the Attorney General in the certification; (2) dismiss all such designated claims against the provider; and (3) enter a final judgment relating to those claims.

Provides that the electronic communication service provider shall remain as a defendant if the Attorney General's certification states that not all of the alleged assistance was provided under a written request or directive.

Allows substitution only after a determination by the Foreign Intelligence Surveillance Court (after certification by the Attorney General) that the directive requesting provider assistance was lawful and that the assistance was provided in good faith of the lawfulness of the directive.

Provides that, in a covered civil action in which the United States is substituted as a party-defendant, any plaintiff may serve third-party discovery requests to any electronic communications service provider as to which all claims are dismissed.

 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
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APA
U.S. Congress. (2026). S. 876: A bill to provide for the substitution of the United States in certain civil actions relating to electronic service providers and FISA.. 111th Congress. Open America. https://openamerica.io/bill/111-S-876/
MLA
"S. 876: A bill to provide for the substitution of the United States in certain civil actions relating to electronic service providers and FISA.." 111th Congress, 2026, Open America, https://openamerica.io/bill/111-S-876/.
Bluebook (legal)
S. 876, 111th Cong. (2026), https://openamerica.io/bill/111-S-876/.
Markdown link
[S. 876: A bill to provide for the substitution of the United States in certain civil actions relating to electronic service providers and FISA.](https://openamerica.io/bill/111-S-876/)
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