S.Amdt. 2457

1. Adds SEC. __. CHALLENGES TO GOVERNMENT SURVEILLANCE wherever appropriate

   Adds a section

   Inserted: SEC. __. CHALLENGES TO GOVERNMENT SURVEILLANCE.

   Inserted: (a) Challenges to Orders to Produce Certain Business Records.--

   Inserted: (1) In general.--Title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended by adding at the end the following:

   Inserted: "SEC. 503. CHALLENGES TO ORDERS TO PRODUCE CERTAIN BUSINESS RECORDS.

   Inserted: "(a) Appeal.--

   Inserted: "(1) In general.--A person who is required to produce any tangible thing pursuant to an order issued under section 501 may appeal the order to a United States court of appeals on the basis that the order violates the Constitution of the United States.

   Inserted: "(2) Venue.--An appeal filed pursuant to paragraph (1) may be filed--

   Inserted: "(A) in the United States court of appeals for a circuit embracing a judicial district in which venue would be proper for a civil action under section 1391 of title 28, United States Code; or

   Inserted: "(B) United States Court of Appeals for the District of Columbia.

   Inserted: "(b) Supreme Court Review.--A person may seek a writ of certiorari from the Supreme Court of the United States for review of a decision of an appeal filed under subsection (a)(1).".

   Inserted: (2) Table of contents amendment.--The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 is amended by adding after the item relating to section 502 the following:

   Inserted: "Sec. 503. Challenges to orders to produce certain business records.".

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   Inserted: (b) Challenges to Government Surveillance Targeting of Certain Persons Outside the United States.--Section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) is amended by adding at the end the following:

   Inserted: "(m) Challenges to Government Surveillance.--

   Inserted: "(1) Injury in fact.--In any claim in a civil action brought in a court of the United States relating to surveillance conducted under this section, the person asserting the claim has suffered an injury in fact if the person--

   Inserted: "(A) has a reasonable basis to believe that the person's communications will be acquired under this section; and

   Inserted: "(B) has taken objectively reasonable steps to avoid surveillance under this section.

   Inserted: "(2) Reasonable basis.--A person shall be presumed to have demonstrated a reasonable basis to believe that the communications of the person will be acquired under this section if the profession of the person requires the person regularly to communicate foreign intelligence information with persons who--

   Inserted: "(A) are not United States persons; and

   Inserted: "(B) are located outside the United States.

   Inserted: "(3) Objective steps.--A person shall be presumed to have taken objectively reasonable steps to avoid surveillance under this section if the person demonstrates that the steps were taken in reasonable response to rules of professional conduct or analogous professional rules.

   Inserted: "(n) Appeals.--

   Inserted: "(1) In general.--A person who is subject to an order issued under this section may appeal the order to a United States court of appeals on the basis that the order violates the Constitution of the United States.

   Inserted: "(2) Venue.--An appeal filed pursuant to paragraph (1) may be filed--

   Inserted: "(A) in the United States court of appeals for a circuit embracing a judicial district in which venue would be proper for a civil action under section 1391 of title 28, United States Code; or

   Inserted: "(B) United States Court of Appeals for the District of Columbia.

   Inserted: "(3) Supreme court review.--A person may seek a writ of certiorari from the Supreme Court of the United States for review of a decision of an appeal filed under paragraph (1).".

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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As printed