12 2 STA T . 2 46 2 PUBLIC LA W 11 0– 261 —J UL Y 10 , 200 8‘ ‘ (B)reason a blyd e t er mi nes t h at the f a c t u al basis for the issuance of an order under this title to a p pro v e such electronic surveillance e x ists
‘‘( C ) informs , either personally or throu g h a designee, a j udge having jurisdiction under section 103 at the time of such authori z ation that the decision has been made to employ emergency electronic surveillance; and ‘‘( D )ma k es an application in accordance w ith this title to a judge having jurisdiction under section 103 as soon as practicable, but not later than 7 days after the A ttorney G eneral authorizes such surveillance . ‘‘( 2 ) I f the Attorney General authorizes the emergency employ - ment of electronic surveillance under paragraph (1), the Attorney General shall re q uire 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 electronic surveillance, the surveillance shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest. ‘‘( 4 ) A denial of the application made under this subsection may be reviewed as provided in section 103. ‘‘( 5 ) In the event that such application for approval is denied, or in any other case where the electronic surveillance is terminated and no order is issued approving the surveillance, no information obtained or evidence derived from such surveillance 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 U nited S tates, a State, or political subdivision thereof, and no information concerning any United States person acquired from such surveillance shall subsequently be used or dis- closed in any other manner by F ederal 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. ‘‘( 6 ) T he Attorney General shall assess compliance with the requirements of paragraph (5). ’ ’; and (7) by adding at the end the following
‘‘(i) In any case in which the Government makes an application to a judge under this title to conduct electronic surveillance involving communications and the judge grants such application, upon the request of the applicant, the judge shall also authorize the installation and use of pen registers and trap and trace devices, and direct the disclosure of the information set forth in section 402(d)(2).’’. (b) C ONF O RMI N G AM E N D MEN T . — Section 10 8 (a)(2)(C) of the For- eign Intelligence Surveillance Act of 1 9 78 (50 U.S.C. 1808(a)(2)(C)) is amended by striking ‘‘105(f)’’ and inserting ‘‘105(e)’’; SEC.106 . U SE OFIN FO RMAT ION. Subsection (i) of section 106 of the Foreign Intelligence Surveil- lance Act of 1978 (8 U.S.C. 1806) is amended by striking ‘‘radio communication’’ and inserting ‘‘communication’’. SEC. 10 7 . AMEN D MENTS FOR PHY SICA L SEARCHES. (a) A P P L I CA TION S .—Section 303 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1823) is amended— 50USC18 0 6.As s e ss m e nt . T e r m i n a ti o n. D ea dl ine.
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