12 2 STA T . 2 46 1 PUBLIC LA W 11 0– 261 —J UL Y 10 , 200 8(B)byred e signat ing p aragrap h s( 3 ) thr ou gh( 10 )as paragraphs ( 2 ) through ( 9 ) , respe c ti v e l y
( C ) in paragraph ( 5 ), as redesignated by subparagraph (B) o f this paragraph, by stri k ing ‘ ‘detailed ’ ’; ( D ) in paragraph ( 6 ), as redesignated by subparagraph (B) of this paragraph, in the m atter preceding subpara - graph ( A ) — (i) by striking ‘‘Affairs or’’ and inserting ‘‘Affairs,’’; and (ii) by striking ‘‘ S enate—’’ and inserting ‘‘Senate, or the Deputy Director of the F ederal Bureau of I nves- tigation, if designated by the P resident as a certifying official—’’; ( E ) in paragraph ( 7 ), as redesignated by subparagraph (B) of this paragraph, by striking ‘‘statement of’’ and inserting ‘‘summary statement of’’; (F) in paragraph ( 8 ), as redesignated by subparagraph (B) of this paragraph, by adding ‘‘and’’ at the end; and ( G ) in paragraph (9), as redesignated by subparagraph (B) of this paragraph, by striking ‘‘; and’’ and inserting a period; (2) by striking subsection (b); (3) by redesignating subsections (c) through (e) as sub- sections (b) through (d), respectively; and ( 4 ) in paragraph (1)(A) of subsection (d), as redesignated by paragraph (3) of this subsection, by striking ‘‘or the Director of N ational Intelligence’’ and inserting ‘‘the Director of National Intelligence, or the Director of the Central Intelligence Agency’’ .SEC.105 . I SS UAN CE OF ANO RD ER. (a) I N G E NE RAL .—Section 105 of the Foreign Intelligence Surveillance Act of 1978 (50 U .S.C. 1805) is amended— (1) in subsection (a)— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; (2) in subsection (b), by striking ‘‘(a)(3)’’ and inserting ‘‘(a)(2)’’; (3) in subsection (c)(1)— (A) in subparagraph (D), by adding ‘‘and’’ at the end; (B) in subparagraph (E), by striking ‘‘; and’’ and inserting a period; and (C) by striking subparagraph (F); (4) by striking subsection (d); (5) by redesignating subsections (e) through (i) as sub- sections (d) through (h), respectively; (6) by amending subsection (e), as redesignated by para- graph (5) of this section, to read as follo w s
‘‘(e)(1) Notwithstanding any other provision of this title, the Attorney General may authori z e the emergency employment of electronic surveillance if the Attorney General— ‘‘(A) reasonably determines that an emergency situation e x ists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained;
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