Page:United States Statutes at Large Volume 108 Part 4.djvu/815

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PUBLIC LAW 103-359—OCT. 14, 1994 108 STAT. 3449 designee at the time of such authorization that the decision has been made to execute an emergency search, and "(ii) an application in accordance with this title is made to that judge as soon as practicable bat not more than 24 hours after the Attorney General authorizes such search. "(B) The determination referred to in subparagraph (A) is a determination that— "(i) an emergency situation exists with respect to the execution of a physical search to obtain foreign intelligence information before an order authorizing such search can with due diligence be obtained, and "(ii) the factual basis for issuance of an order under this title to approve such a search exists. "(2) If the Attorney General authorizes an emergency search under paragraph (1), the Attorney General shall require that the minimization procedures required by this title for the issuance of a judicial order be followed. "(3) In the absence of a judicial order approving such a physical search, the search shall terminate the earlier of— "(A) the date on which the information sought is obtained; "(B) the date on which the application for the order is denied; or "(C) the expiration of 24 hours from the time of authorization by the Attorney General. "(4) In the event that such application for approval is denied, or in any other case where the physical search is terminated and no order is issued approving the search, no information obtained or evidence derived from such search shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such search shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General, if the information indicates a threat of death or serious bodily harm to any person. A denial of the application made under this subsection may be reviewed as provided in section 302. "(e) Applications made and orders granted under this title shall be retained for a period of at least 10 years from the date of the application. "USE OF INFORMATION "SEC. 305. (a) Information acquired from a physical search 50 USC 1825. conducted pursuant to this title concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization procedures required by this title. No information acquired from a physical search pursuant to this title may be used or disclosed by Federal officers or employees except for lawful purposes. "(b) Where a physical search authorized and conducted pursu- Notification, ant to section 304 involves the residence of a United States person, and, at any time after the search the Attorney General determines there is no national security interest in continuing to maintain the secrecy of the search, the Attorney General shall provide notice