S. 876 · 111th Congress
A bill to provide for the substitution of the United States in certain civil actions relating to electronic…
Full title
A bill to provide for the substitution of the United States in certain civil actions relating to electronic service providers and FISA.
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Never voted on. It didn't reach a floor vote before the 111th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
R
SpecterSponsor1 cosponsor · 1 D
1 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
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…
What it does: CRS summary · Introduced in Senate · Apr 23, 2009
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.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: A bill to provide for the substitution of the United States in certain civil actions relating to electronic service providers and FISA.
Latest action (Apr 23, 2009): Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S4678-4679)
Policy area: Law · Origin: Senate · Introduced: Apr 23, 2009
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.