II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Surveillance 

5 Expedited Review Act’’. 


jcorcoran on PROD1PC62 with BILLS
2 

•S 139 IS

1 SEC. 2. STANDING FOR DECLARATORY AND INJUNCTIVE 

2 RELIEF FOR PERSONS WHO REFRAIN FROM 

3 ELECTRONIC COMMUNICATIONS BY REASON 

4 OF FEAR OF WARRANTLESS ELECTRONIC 

5 SURVEILLANCE. 

6 (a) STANDING.—A United States citizen who has re7 frained or is refraining from wire communications because 

8 of a reasonable fear that such communications will be the 

9 subject of electronic surveillance conducted without an 

10 order issued in accordance with title I of the Foreign Intel11 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 

12 under a claim of Presidential authority under either the 

13 Constitution of the United States or the Authorization for 

14 Use of Military Force (Public Law 107–40; 115 Stat. 224; 

15 50 U.S.C. 1541 note) shall have standing to file a petition 

16 for declaratory or injunctive relief with respect to such 

17 warrantless electronic surveillance. 

18 (b) RULES APPLICABLE TO ACTIONS.—In any action 

19 for declaratory or injunctive relief under subsection (a), 

20 the following shall apply: 

21 (1) The action shall be filed in the United 

22 States District Court for the District of Columbia 

23 and shall be heard by a 3-judge court convened pur24 suant to section 2284 of title 28, United States 

25 Code. 


jcorcoran on PROD1PC62 with BILLS
3 

•S 139 IS

1 (2) A copy of the complaint shall be delivered 

2 promptly to the Attorney General, the Clerk of the 

3 House of Representatives, and the Secretary of the 

4 Senate. 

5 (3) A reasonable fear shall be established by 

6 evidence that the person bringing the action— 

7 (A) has and will continue to have regular 

8 wire communications from the United States to 

9 one or more persons in Afghanistan, Iraq, Paki10 stan, or any country designated as a state spon11 sor of terrorism in the course of that person’s 

12 paid employment doing journalistic, academic, 

13 or other research pertaining to terrorism or ter14 rorist groups; or 

15 (B) has engaged and will continue to en16 gage in one or more commercial transactions 

17 with a bank or other financial institution in a 

18 country described in subparagraph (A). 

19 (4) The procedures and standards of the Classi20 fied Information Procedures Act (18 U.S.C. App.) 

21 shall apply to the action. 

22 (5) A final decision in the action shall be re23 viewable only by appeal directly to the Supreme 

24 Court of the United States. Such appeal shall be 

25 taken by the filing of a notice of appeal within 10 


jcorcoran on PROD1PC62 with BILLS
4 

•S 139 IS

1 days, and the filing of a jurisdictional statement 

2 within 30 days, of the entry of the final decision. 

3 (6) It shall be the duty of the United States 

4 District Court for the District of Columbia and the 

5 Supreme Court of the United States to advance on 

6 the docket and to expedite to the greatest possible 

7 extent the disposition of the action and appeal. 

8 (c) DEFINITIONS.—In this section, the terms ‘‘elec9 tronic surveillance’’ and ‘‘wire communication’’ have the 

10 meaning given such terms in section 101 of the Foreign 

11 Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). 

Æ 


jcorcoran on PROD1PC62 with BILLS