S.Amdt. 1879

SA 1879. Mr. PAUL (for himself, Mr. Wyden, and Mr. Markey) submitted
an amendment intended to be proposed by him to the bill S. 139, to
implement the use of Rapid DNA instruments to inform decisions about
pretrial release or detention and their conditions, to solve and
prevent violent crimes and other crimes, to exonerate the innocent, to
prevent DNA analysis backlogs, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. GROUNDS FOR DETERMINING INJURY IN FACT IN CIVIL
ACTION RELATING TO SURVEILLANCE UNDER CERTAIN
PROVISIONS OF FOREIGN INTELLIGENCE SURVEILLANCE
ACT OF 1978.

Section 702 (50 U.S.C. 1881a), as amended by section 101,
is further amended by adding at the end the following:
``(n) Challenges to Government Surveillance.--
``(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--
``(A) has a reasonable basis to believe that the person's
communications will be acquired under this section; and
``(B) has taken objectively reasonable steps to avoid
surveillance under this section.
``(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--
``(A) are not United States persons; and
``(B) are located outside the United States.
``(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.''.
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