[Congressional Record Volume 164, Number 9 (Tuesday, January 16, 2018)]
[Senate]
[Page S196]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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