Page:United States Statutes at Large Volume 122.djvu/2467

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12 2 STA T . 2 4 44 PUBLIC LA W 11 0– 2 6 1 —J UL Y 10 , 200 8iftheCour ti sc o nd uctin g orh a sco mpl eted re v ie w of such certification or such procedures , and shall su b mit the amended certification or amended procedures to the Court not later than 7 da y s after amending such certification or such procedures .T he Court shall review any amendment under this subparagraph under the procedures set forth in this subsection. The A ttorney G eneral and the D irector of N ational I ntelligence may authori z etheuseofan amended certification or amended procedures pending the Court ’ s review of such amended certification or amended procedures. ‘ ‘ (2)REVI E W . — The Court shall review the following

‘‘(A) CE RT I F I CA TI ON .—A certification submitted in accordance with subsection (g) to determine whether the certification contains all the re q uired elements. ‘‘( B ) TAR G ETING P ROCE DU RE S .—The targeting proce - dures adopted in accordance with subsection (d) to assess whether the procedures are reasonably designed to— ‘‘(i) ensure that an acquisition authorized under subsection (a) is limited to targeting persons reason- ably believed to be located outside the U nited S tates

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. ‘‘(C) M INI M I Z ATION PROCEDURES.—The minimization procedures adopted in accordance with subsection (e) to assess whether such procedures meet the definition of mini- mization procedures under section 10 1(h) or section 3 01( 4 ), as appropriate. ‘‘(3) O RDERS.— ‘‘(A) APPROVA L .—If the Court finds that a certification submitted in accordance with subsection (g) contains all the required elements and that the targeting and minimiza- tion procedures adopted in accordance with subsections (d) and (e) are consistent with the requirements of those subsections and with the fourth amendment to the Con- stitution of the United States, the Court shall enter an order approving the certification and the use, or continued use in the case of an acquisition authorized pursuant to a determination under subsection (c)(2), of the procedures for the acquisition. ‘‘(B) CORRECTION OF DEFICIENCIES.—If the Court finds that a certification submitted in accordance with subsection (g) does not contain all the required elements, or that the procedures adopted in accordance with subsections (d) and (e) are not consistent with the requirements of those subsections or the fourth amendment to the Constitution of the United States, the Court shall issue an order directing the Government to, at the Government’s election andtothee x tent required by the Court’s order— ‘‘(i) correct any deficiency identified by the Court’s order not later than 30 days after the date on which the Court issues the order; or Deadlin e .