Sec. 4. TARGETING DECISIONS UNDER SECTION 702
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## SEC. 4 TARGETING DECISIONS UNDER SECTION 702 **[**[50 U.S.C. 1881a note](/us/usc/t50/s1881a)**]** ###
(a)Sense of Congress on the Targeted Collection of United States Person Information It is the sense of Congress that, as proscribed in section 702(b)(2), section 702 of the Foreign Intelligence Surveillance Act of 1978 has always prohibited, and continues to prohibit, the intelligence community from targeting a United States person for collection of foreign intelligence information. If the intelligence community intends to target a United States person for collection of foreign intelligence information under the Foreign Intelligence Surveillance Act of 1978, the Government must first obtain an individualized court order based upon a finding of probable cause that the United States person is a foreign power, an agent of a foreign power, or an officer or employee of a foreign power, in order to conduct surveillance targeting that United States person. ###
(b)Annual Audit of Targeting Decisions Under Section 702 ####
(1)Mandatory review Not less frequently than annually, the Department of Justice National Security Division shall review each person targeted under section 702 of the Foreign Intelligence Surveillance Act of 1978 in the preceding year to ensure that the purpose of each targeting decision is not to target a known United States person. The results of this review shall be submitted to the Department of Justice Office of the Inspector General, the congressional intelligence committees, and the Committees on the Judiciary of the House of Representatives and of the Senate, subject to a declassification review. ####
(2)Inspector general audit Not less frequently than annually, the Department of Justice Office of the Inspector General shall audit a sampling of the targeting decisions reviewed by the National Security Division under paragraph
(1)and submit a report to the congressional intelligence committees and the Committees on the Judiciary of the House of Representatives and of the Senate. ####
(3)Certification Within 180 days of enactment of this Act, and annually thereafter, each agency authorized to target non-United States persons under section 702 shall certify to Congress that the purpose of each targeting decision made in the prior year was not to target a known United States person. ####
(4)Application The requirements under this subsection apply for any year to the extent that section 702 of the Foreign Intelligence Surveillance Act of 1978 was in effect during any portion of the previous year.
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Sec. 4
TARGETING DECISIONS UNDER SECTION 702
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