This provision came about as a result of discussions by members on both sides of the committee who wanted to provide protections for Americans overseas. To do that required a significant expansion and clarification, which is included in the managers' amendment that Senator Rockefeller and I have produced and have pending before the body. Under this bill, the FISC must review and approve the targeting and minimization procedures used by the Government in conducting its foreign targeting operations. The court must find that the targeting procedures are reasonably designed to ensure that the authorized acquisition is limited to the targeted persons reasonably believed to be located outside the United States. The court must then find that minimization procedures comply with the FISA law. The court will also review the joint certification issued by the Attorney General and the DNI to make sure that it contains all of the required elements. If the court finds there is a deficiency in those procedures or the certification--that even for a minor drafting or technical reason they do not comply with the law--the court can order the Government to correct the deficiency or cease the acquisition.
On the recordJanuary 30, 2008
Source
govinfo.govEditor's note · Context
Discussing provisions for protecting Americans overseas in foreign targeting operations.
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