12 2 STA T . 2 453PUBLIC LA W 11 0– 2 6 1 —J UL Y 10 , 200 8‘ ‘ (2)CERTIO R A RITOT H E SUP RE M E C OURT .—TheGov e rnm en t m ayfil ea p etition for a w rit of c ertiorari for review of a d eci s ion of the Co u rt of R eview issued under para g raph ( 1 ). The record for such review shall b e transmitted under seal to the S upreme Court of the U nited States , which shall have j urisdiction to review such decision. ‘‘(g) CO N STRUCTION.— Ex cept as provided in this section, nothing in this A ct shall be construed to re q uire an application for a court order for an acquisition that is targeted in accordance with this section at a United States person reasonably believed to be located outside the United States. ‘ ‘ SEC.704 . OTH E RA C QUI SITIO N S TAR G ETING UNITE D STATES P ER - SONS OUTSIDE THE UNITED STATES. ‘‘(a) J URIS D ICTION AND SCOPE.— ‘‘(1) JURISDICTION.—The F oreign I ntelligence Surveillance Court shall have jurisdiction to enter an order pursuant to subsection (c). ‘‘(2) SCOPE.— N o element of the intelligence community may intentionally target, for the purpose of acquiring foreign intel - ligence information, a United States person reasonably believed to be located outside the United States under circumstances in which the targeted United States person has a reasonable expectation of privacy and a warrant would be required if the acquisition were conducted inside the United States for law enforcement purposes, unless a judge of the Foreign Intel- ligence Surveillance Court has entered an order with respect to such targeted United States person or the Attorney General has authori z ed an emergency acquisition pursuant to subsection (c) or (d), respectively, or any other provision of this Act. ‘‘( 3 ) L IMITATIONS.— ‘‘(A) M O V IN G OR MISIDENTI F IED TARGETS.—If a United States person targeted under this subsection is reasonably believed to be located in the United States during the effective period of an order issued pursuant to subsection (c), an acquisition targeting such United States person under this section shall cease unless the targeted United States person is again reasonably believed to be located outside the United States during the effective period of such order. ‘‘( B ) APP L ICA B ILIT Y .—If an acquisition for foreign intel- ligence purposes is to be conducted inside the United States and could be authorized under section 70 3, the acquisition may only be conducted if authorized under section 703 or in accordance with another provision of this Act other than this section. ‘‘(C) CONSTRUCTION.—Nothing in this paragraph shall be construed to limit the authority of the Government to see k an order or authorization under, or otherwise engage in any activity that is authorized under, any other title of this Act. ‘‘(b) APPLICATION.—Each application for an order under this section shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under subsection (a)(1). Each application shall require the approval of the Attorney General based upon the Attorney General ’ s finding that it satisfies the 50USC18 81 c.
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