12 2 STA T . 2 459PUBLIC LA W 11 0– 2 6 1 —J UL Y 10 , 200 8‘ ‘ Sec.704 . Oth e ra c quis iti on s tar g eting U nite d States p ersons outside the United States. ‘‘Sec. 70 5 . J oint app l ications and concurrent authori z ations. ‘‘Sec. 70 6 . Use o f infor m ation acquired under title VI I. ‘‘Sec. 707. C ongressional o v ersight. ‘‘Sec. 70 8 . Savings provision. ’ ’. (c)TECHNI C AL AN DCO N F O RM IN GA MENDMEN TS.— ( 1 ) TITLE 18,U NITED STATES CODE.— Se c tion25 11(2)( a )(ii)(A) o f tit l e1 8 , U nite d State s Code, is a m ended by inse r tin g‘ ‘or aco u rt order p ursuant to section 704 oft h e F oreign I ntelligence Sur v eillance Act of 1 9 78 ’ ’ after ‘‘assistance’’. (2) FOREIGN INTELLIGENCE SUR V EILLANCE ACT OF 1978.— Section 6 01(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(a)(1)) is amended— (A) in subparagraph (C), by stri k ing ‘‘and’’
and ( B ) by adding at the end the follo w ing new subpara - graphs
‘‘( E )ac q uisitions under section 70 3
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‘‘(F) acquisitions under section 704;’’. SEC.102 .S TA TE M E N T OF E X C LU S IV E MEANS BYWH ICH ELECT R ONIC SURVEILLANCE AN D INTERCE P TION OF CERTAIN COMMU - NICATIONS MAY BE CONDUCTED. (a) STATEMENT OF E X CLUSIVE M EANS.—Title I of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the end the following new section: ‘‘STATEMENT OF EXCLUSIVE MEANS BYW HICH ELECTRONIC SURVEIL- LANCE AND INTERCE P TION OF CERTAIN COMMUNICATIONS MAY BE CONDUCTED ‘‘SEC. 112. (a) E x cept as provided in subsection (b), the proce- dures of chapters 119, 121, and 206 of title 18, United States Code, and this Act shall be the exclusive means by which electronic surveillance and the interception of domestic wire, oral, or electronic communications may be conducted. ‘‘(b) O nly an express statutory authori z ation for electronic surveillance or the interception of domestic wire, oral, or electronic communications, other than as an amendment to this Act or chap- ters 119, 121, or 206 of title 18, United States Code, shall constitute an additional exclusive means for the purpose of subsection (a).’’. (b) OFFENSE.—Section 109(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1809(a)) is amended by striking ‘‘authorized by statute’’ each place it appears and inserting ‘‘author- ized by this Act, chapter 119, 121, or 206 of title 18, United States Code, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 112.’’; and (c) CONFORMING AMENDMENTS.— (1) TITLE 18, UNITED STATES CODE.—Section 2511(2)(a) of title 18, United States Code, is amended by adding at the end the following: ‘‘(iii) If a certification under subparagraph (ii)(B) for assistance to obtain foreign intelligence information is based on statutory authority, the certification shall identify the specific statutory provision and shall cer- tify that the statutory requirements have been met.’’; and 50USC18 1 2.
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