12 2 STA T . 2 438PUBLIC LA W 11 0– 2 6 1 —J UL Y 10 , 2008 ‘ ‘ (5)INTEL L IG EN C EC OM M U NIT Y.—Thet e rm ‘ in te l li g en c e c o mm u nit y’ h as the meaning gi v en the term in section 3 ( 4 ) o f the N ational S ecurity A ct of 19 4 7 (5 0U .S. C . 401a(4)). ‘ ‘ SEC.702 . PRO CE DU RES F OR TA R G ET IN G CERTAIN PERSONS OUTSIDE T H E UNITED STATES OTHER THAN UNITED STATES PER - SONS. ‘‘(a) AUT H O R I ZA TION.—Not w ithstan d ing any other p rovision of law , upon the issuance of an order in accordance with su b section (i)(3) or a determination under subsection (c)( 2 ), the Attorney G en - eral and the D irector of National Intelligence may authori z e j ointly, for a period of up to 1 year from the effective date of the authoriza- tion, the targeting of persons reasonably believed to be located outside the United States to ac q uire foreign intelligence informa- tion. ‘‘(b) L IMITATION S .—An acquisition authorized under subsection (a)— ‘‘(1) may not intentionally target any person k nown at the time of acquisition to be located in the United States
‘‘(2) may not intentionally target a person reasonably believed to be located outside the United States if the purpose of such acquisition is to target a particular, known person reasonably believed to be in the United States; ‘‘(3) may not intentionally target a United States person reasonably believed to be located outside the United States; ‘‘(4) may not intentionally acquire any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States; and ‘‘(5) shall be conducted in a manner consistent with the fourth amendment to the Constitution of the United States. ‘‘(c) CON D UCT O F AC Q UISITION.— ‘‘(1) IN GENERAL.—An acquisition authorized under sub- section (a) shall be conducted only in accordance with— ‘‘(A) the targeting and minimization procedures adopted in accordance with subsections (d) and (e); and ‘‘( B ) upon submission of a certification in accordance with subsection (g), such certification. ‘‘(2) DETERMINATION.—A determination under this para- graph and for purposes of subsection (a) is a determination by the Attorney General and the Director of National Intel- ligence that e x igent circumstances exist because, without imme- diate implementation of an authorization under subsection (a), intelligence important to the national security of the United States may be lost or not timely acquired and time does not permit the issuance of an order pursuant to subsection (i)(3) prior to the implementation of such authorization. ‘‘(3) TIMING OF DETERMINATION.—The Attorney General and the Director of National Intelligence may make the determina- tion under paragraph (2)— ‘‘(A) before the submission of a certification in accord- ance with subsection (g); or ‘‘(B) by amending a certification pursuant to subsection (i)(1)(C) at any time during which judicial review under subsection (i) of such certification is pending. ‘‘(4) CONSTRUCTION.—Nothing in title I shall be construed to require an application for a court order under such title Certif i ca ti on.50US C 18 81a.
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