Page:United States Statutes at Large Volume 122.djvu/2486

 12 2 STA T . 2 463PUBLIC LA W 11 0– 261 —J UL Y 10, 200 8(1)insub s ect i o n( a ) — ( A )b y st r i k in gp aragrap h ( 2 ) ( B )byre d esignating paragraphs ( 3 ) through ( 9 )as paragraphs (2) through ( 8 ) , respecti v e l y; ( C ) in paragraph (2), as redesignated by subparagraph (B) o f this paragraph, by striking ‘ ‘detailed ’ ’; ( D ) in paragraph (3)(C), as redesignated by subpara - graph (B) of this paragraph, by inserting ‘‘or is about to be’’ before ‘‘o w ned’’; and ( E ) 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—’’; and (2) in subsection (d)(1)(A), by striking ‘‘or the Director of N ational Intelligence’’ and inserting ‘‘the Director of National Intelligence, or the Director of the Central Intelligence Agency’’ . (b) ORDE R S .—Section 3 04 of the Foreign Intelligence Surveil- lance Act of 19 7 8( 5 0 U .S.C. 1824) is amended— (1) in subsection (a)— (A) by striking paragraph (1); (B) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; and (C) in paragraph (2)(B), as redesignated by subpara- graph (B) of this paragraph, by inserting ‘‘or is about to be’’ before ‘‘owned’’; and (2) by amending subsection (e) to read as follows

‘‘(e)(1) Notwithstanding any other provision of this title, the Attorney G eneral may authori z e the emergency employment of a physical search if the Attorney General— ‘‘(A) reasonably determines that an emergency situation e x ists with respect to the employment of a physical search to obtain foreign intelligence information before an order authorizing such physical search can with due diligence be obtained; ‘‘(B) reasonably determines that the factual basis for issuance of an order under this title to approve such physical search exists; ‘‘(C) informs, either personally or through a designee, a j udge of the Foreign Intelligence Surveillance Court at the time of such authorization that the decision has been made to employ an emergency physical search; and ‘‘(D) makes an application in accordance with this title to a judge of the Foreign Intelligence Surveillance Court as soon as practicable, but not more than 7 days after the Attorney General authorizes such physical search. ‘‘(2) If the Attorney General authorizes the emergency employ- ment of a physical search under paragraph (1), the Attorney General shall re q uire that the minimization procedures required by this title for the issuance of a judicial order be followed. ‘‘(3) In the absence of a judicial order approving such physical search, the physical search shall terminate when the information sought is obtained, when the application for the order is denied, Terminat i o n .D ea dl ine.

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