[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 139 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 139

 To expedite review by the Supreme Court of the warrantless electronic 
         surveillance program of the National Security Agency.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 2007

  Mr. Schumer introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To expedite review by the Supreme Court of the warrantless electronic 
         surveillance program of the National Security Agency.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Surveillance Expedited 
Review Act''.

SEC. 2. 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 is 
refraining 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 
standing to file a petition for declaratory or injunctive relief with 
respect to such warrantless 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).
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