12 2 STA T . 2 439PUBLIC LA W 11 0– 2 6 1 —J UL Y 10 , 200 8foran a cquis i t ion t h at is tar ge te d in accordance w ith this section ata p erson reasona bly belie v ed to be located outside the U nited S tates .‘ ‘ ( d )TARGETIN G P R OC E DU RE S . — ‘‘( 1 ) R E Q UIRE M ENT TO ADO P T.—The A ttorney G eneral , in consultation with the D irector of N ational I ntelligence, shall adopt targeting procedures that are reasonably designed to— ‘‘(A) ensure that any acquisition authori z ed under sub - section (a) is li m ited to targeting persons reasonably believed to be located outside the United States
and ‘‘( B ) prevent the intentional acquisition of any commu- nication 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. ‘‘( 2 ) J UDICIA L RE V IE W .—The procedures adopted in accord- ance with paragraph (1) shall be sub j ect to judicial review pursuant to subsection (i). ‘‘(e) M INIMI Z ATION PROCEDURES.— ‘‘(1) REQUIREMENT TO ADOPT.—The Attorney General, in consultation with the Director of National Intelligence, shall adopt minimization procedures that meet the definition of mini- mization procedures under section 1 0 1(h) or 3 01( 4 ), as appro- priate, for acquisitions authorized under subsection (a). ‘‘(2) JUDICIAL REVIEW.—The minimization procedures adopted in accordance with paragraph (1) shall be subject to judicial review pursuant to subsection (i). ‘‘(f) GUIDELINES F OR C OMPLIANCE W IT HL IMITATIONS.— ‘‘(1) REQUIREMENT TO ADOPT.—The Attorney General, in consultation with the Director of National Intelligence, shall adopt guidelines to ensure— ‘‘(A) compliance with the limitations in subsection (b); and ‘‘(B) that an application for a court order is filed as required by this Act. ‘‘(2) SU B MISSION OF GUIDELINES.—The Attorney General shall provide the guidelines adopted in accordance with para- graph (1) to— ‘‘(A) the congressional intelligence committees; ‘‘(B) the Committees on the Judiciary of the Senate and the H ouse of Representatives; and ‘‘(C) the F oreign Intelligence Surveillance Court. ‘‘(g) CERTIFICATION.— ‘‘(1) IN GENERAL.— ‘‘(A) REQUIREMENT.—Subject to subparagraph (B), prior to the implementation of an authorization under subsection (a), the Attorney General and the Director of National Intelligence shall provide to the Foreign Intelligence Surveillance Court a written certification and any sup- porting affidavit, under oath and under seal, in accordance with this subsection. ‘‘(B) EX CEPTION.—If the Attorney General and the Director of National Intelligence make a determination under subsection (c)(2) and time does not permit the submission of a certification under this subsection prior to the implementation of an authorization under subsection (a), the Attorney General and the Director of National Intelligence shall submit to the Court a certification for Deadlin e .
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