Page:United States Statutes at Large Volume 122.djvu/2463

 12 2 STA T . 2 4 4 0PUBLIC LA W 110 – 2 6 1 —J UL Y 10, 200 8sucha u t h oriz atio n as soon as p ractica ble butinnoe v ent later than 7d a y sa f ter such deter m ination is made .‘ ‘ (2)REQUIR E M E NTS . —A certification made under this sub - section shall— ‘‘(A) attest that— ‘‘(i) there are procedures in place that have been approved , have been submitted for approval, or w ill be submitted with the certification for approval by the F orei g n I ntelligence S urveillance C ourt that are reasonably designed to— ‘‘(I) ensure that an ac q uisition authorized under subsection (a) is limited to targeting persons reasonably believed to be located outside the U nited States and ‘‘(II) prevent the intentional acquisition of any communication as to which the sender and all intended recipients are k nown at the time of the acquisition to be located in the United States; ‘‘(ii) the minimization procedures to be used with respect to such acquisition— ‘‘(I) meet the definition of minimization proce- dures under section 10 1(h) or 3 01( 4 ), as appro- priate; and ‘‘(II) have been approved, have been submitted for approval, or will be submitted with the certifi- cation for approval by the Foreign Intelligence Surveillance Court; ‘‘(iii) guidelines have been adopted in accordance with subsection (f) to ensure compliance with the limitations in subsection (b) and to ensure that an application for a court order is filed as required by this Act; ‘‘(iv) the procedures and guidelines referred to in clauses (i), (ii), and (iii) are consistent with the require- ments of the fourth amendment to the Constitution of the United States; ‘‘(v) a significant purpose of the acquisition is to obtain foreign intelligence information; ‘‘(vi) the acquisition involves obtaining foreign intelligence information from or with the assistance of an electronic communication service provider; and ‘‘(vii) the acquisition complies with the limitations in subsection (b); ‘‘( B ) include the procedures adopted in accordance with subsections (d) and (e); ‘‘(C) be supported, as appropriate, by the affidavit of any appropriate official in the area of national security who is— ‘‘(i) appointed by the P resident, by and with the advice and consent of the Senate; or ‘‘(ii) the head of an element of the intelligence community; ‘‘( D ) include— ‘‘(i) an effective date for the authorization that is at least 30 days after the submission of the written certification to the court; or Ef f ectiv e da te .

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