Sec. 102. authorization for electronic surveillance for foreign intelligence purposes
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## Sec. 102 authorization for electronic surveillance for foreign intelligence purposes **[**[50 U.S.C. 1802](/us/usc/t50/s1802)**]** ###
(a)####
(1)Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this title to acquire foreign intelligence information for periods of up to one year if the Attorney General certifies in writing under oath that— #####
(A)the electronic surveillance is solely directed at— ######
(i)the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section 101(a) (1), (2), or (3); or ######
(ii)the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 101(a) (1), (2), or (3); #####
(B)there is no substantial likelihood that the surveillance will acquire the contents of any communications to which a United States person is a party; and #####
(C)the proposed minimization procedures with respect to such surveillance meet the definition of minimization procedures under section 101(h); and if the Attorney General reports such minimization procedures and any changes thereto to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence at least thirty days prior to their effective date, unless the Attorney General determines immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately. ####
(2)An electronic surveillance authorized by this subsection may be conducted only in accordance with the Attorney General's certification and the minimization procedures adopted by him. The Attorney General shall assess compliance with such procedures and shall report such assessments to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence under the provisions of section 108(a). ####
(3)The Attorney General shall immediately transmit under seal to the court established under section 103(a) a copy of his certification. Such certification shall be maintained under security measures established by the Chief Justice with the concurrence of the Attorney General, in consultation with the Director of National Intelligence, and shall remain sealed unless— #####
(A)an application for a court order with respect to the surveillance is made under sections 101(h)(4) and 104; or #####
(B)the certification is necessary to determine the legality of the surveillance under section 106(f). ####
(4)With respect to electronic surveillance authorized by this subsection, the Attorney General may direct a specified communication common carrier to— #####
(A)furnish all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier is providing its customers; and #####
(B)maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the surveillance or the aid furnished which such carrier wishes to retain. The Government shall compensate, at the prevailing rate, such carrier for furnishing such aid. ###
(b)Applications for a court order under this title are authorized if the President has, by written authorization, empowered the Attorney General to approve applications to the court having jurisdiction under section 103, and a judge to whom an application is made may, notwithstanding any other law, grant an order, in conformity with section 105, approving electronic surveillance of a foreign power or an agent of a foreign power for the purpose of obtaining foreign intelligence information, except that the court shall not have jurisdiction to grant any order approving electronic surveillance directed solely as described in paragraph (1)(A) of subsection
(a)unless such surveillance may involve the acquisition of communications of any United States person.
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Sec. 102
authorization for electronic surveillance for foreign intelligence purposes
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