II 109th CONGRESS 2d Session S. 2468 IN THE SENATE OF THE UNITED STATES March 29, 2006 Mr. Schumer introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide standing for civil actions for declaratory and injunctive relief to persons who refrain from electronic communications through fear of being subject to warrantless electronic surveillance for foreign intelligence purposes, and for other purposes.

1.

Standing for declaratory and injunctive relief for persons who refrain from electronic communications by reason of fear of warrantless electronic surveillance

(a)

Standing

A United States citizen who has refrained or will refrain from wire communications because of a reasonable fear that such communications will be the subject of electronic surveillance conducted without an order issued in accordance with title I of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) under a claim of Presidential authority under either the Constitution of the United States or the Authorization for Use of Military Force (Public Law 107–40; 115 Stat. 224; 50 U.S.C. 1541 note) shall have a cause of action and shall be entitled to declaratory or injunctive relief with respect to such electronic surveillance. (b)

Rules applicable To actions

In any action for declaratory or injunctive relief under subsection (a), the following shall apply: (1)The action shall be filed in the United States District Court for the District of Columbia and shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. (2)A copy of the complaint shall be delivered promptly to the Attorney General, the Clerk of the House of Representatives, and the Secretary of the Senate. (3)A reasonable fear shall be established by evidence that the person bringing the action— (A)has and will continue to have regular wire communications from the United States to one or more persons in Afghanistan, Iraq, Pakistan, or any country designated as a state sponsor of terrorism in the course of that person's paid employment doing journalistic, academic, or other research pertaining to terrorism or terrorist groups; or (B)has engaged and will continue to engage in one or more commercial transactions with a bank or other financial institution in a country described in subparagraph (A). (4)The procedures and standards of the Classified Information Procedures Act (18 U.S.C. App.) shall apply to the action. (5)A final decision in the action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision. (6)It shall be the duty of the United States District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (c)

Definitions

In this section, the terms electronic surveillance and wire communication have the meaning given such terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).