Sec. 202. Minimization procedures
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Section 401 ( 50 U.S.C. 1841 ), as amended by section 201 of this Act, is further amended by adding at the end the following new paragraph: The term minimization procedures means— specific procedures that are reasonably designed in light of the purpose and technique of an order for the installation and use of a pen register or trap and trace device to minimize the retention and prohibit the dissemination of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information; procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 101(e)(1), shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance; and notwithstanding subparagraphs
(A)and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes. . Section 402(c) ( 50 U.S.C. 1842(c) ), as amended by section 201 of this Act, is further amended by adding at the end the following new paragraph: a statement of proposed minimization procedures. . Section 402(d) ( 50 U.S.C. 1842(d) ) is amended— in paragraph (1), by inserting and that the proposed minimization procedures meet the definition of minimization procedures under this title before the period at the end; and in paragraph (2)(B)— in clause (ii)(II), by striking ; and and inserting a semicolon; and by adding at the end the following new clause: the minimization procedures be followed; and . Section 402 ( 50 U.S.C. 1842 ) is amended by adding at the end the following new subsection: At or before the end of the period of time for which the installation and use of a pen register or trap and trace device is approved under an order or an extension under this section, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was retained or disseminated. .
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