Sec. 7. Temporary targeting of persons other than United States persons traveling into the United States
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Section 105 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1805 ) is amended— by redesignating subsections (f), (g), (h), and
(i)as subsections (g), (h), (i), and (j), respectively; and by inserting after subsection
(e)the following: Notwithstanding any other provision of this Act, acquisition of foreign intelligence information by targeting a non-United States person reasonably believed to be located outside the United States that was lawfully initiated by an element of the intelligence community may continue for a transitional period not to exceed 72 hours from the time when it is recognized that the non-United States person is reasonably believed to be located inside the United States and that the acquisition is subject to this title or title III of this Act, provided that the head of the element determines that there exists an exigent circumstance and— there is reason to believe that the target of the acquisition has communicated or received or will communicate or receive foreign intelligence information relevant to the exigent circumstance; and it is determined that a request for emergency authorization from the Attorney General in accordance with the terms of this Act is impracticable in light of the exigent circumstance. The Director of National Intelligence or the head of an element of the intelligence community shall promptly notify the Attorney General of the decision to exercise the authority under this section and shall request emergency authorization from the Attorney General pursuant to this Act as soon as practicable, to the extent such request is warranted by the facts and circumstances. Subject to subparagraph (4), the authority under this section to continue acquisition of foreign intelligence information is limited to 72 hours. However, if the Attorney General authorizes an emergency acquisition pursuant to this Act, then acquisition of foreign intelligence information may continue for the period of time that the Attorney General’s emergency authorization or any subsequent court order authorizing the acquisition remains in effect. The authority to acquire foreign intelligence information under this subsection shall terminate upon any of the following, whichever occurs first— 72 hours have elapsed since the commencement of the transitional period; the Attorney General has directed that the acquisition be terminated; or the exigent circumstance is no longer reasonably believed to exist. If the Attorney General authorizes an emergency authorization during the transitional period, the acquisition of foreign intelligence shall continue during any transition to, and consistent with, the Attorney General emergency authorization or court order. Any information of or concerning unconsenting United States persons acquired during the transitional period may only be disseminated during the transitional period if necessary to investigate, prevent, reduce, or eliminate the exigent circumstance or if it indicates a threat of death or serious bodily harm to any person. In the event that during the transition period a request for an emergency authorization from the Attorney General pursuant to this Act for continued acquisition of foreign intelligence is not approved or an order from a court is not obtained to continue the acquisition, information obtained during the transitional period shall not be retained, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. The Attorney General shall assess compliance with the requirements of paragraph (7). . Section 106(j) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1806(j) ) is amended by striking section 105(e) and inserting subsection
(e)or
(f)of section 105 .
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Sec. 7
Temporary targeting of persons other than United States persons traveling into the United States
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