Contents
- (a) Necessary findings1 change
- (b) Determination of probable cause1 change
- (c) Specifications and directions of orders15 changes
- (d) Duration of order; review of circumstances under which information was acquired, retained or disseminated; review of application denial; same judge to hear extension applications8 changes
- (e) Emergency orders5 changes
- (f) Emergencies involving non-United States persons2 changes
- (g) Testing of electronic equipment; discovering unauthorized electronic surveillance; training of intelligence personnel
- (h) Retention of certifications, applications and orders1 change
- (i) Bar to legal action2 changes
- (j) Pen registers and trap and trace devices
(f)
(1)Notwithstanding any other provision of this chapter, the lawfully authorized targeting of a non-United States person previously believed to be located outside the United States for the acquisition of foreign intelligence information may continue for a period not to exceed 72 hours from the time that the non-United States person is reasonably believed to be located inside the United States and the acquisition is subject to this subchapter or to subchapter II of this chapter, provided that the head of an element of the intelligence community—
(A)reasonably determines that a lapse in the targeting of such non-United States person poses a threat of death or serious bodily harm to any person;
(B)promptly notifies the Attorney General of a determination under subparagraph (A); and
(C)requests, as soon as practicable, the employment of emergency electronic surveillance under subsection (e) or the employment of an emergency physical search pursuant to section 1824(e) of this title, as warranted.
(2)The authority under this subsection to continue the acquisition of foreign intelligence information is limited to a period not to exceed 72 hours and shall cease upon the earlier of the following:
(A)The employment of emergency electronic surveillance under subsection (e) or the employment of an emergency physical search pursuant to section 1824(e) of this title.
(B)An issuance of a court order under this subchapter or subchapter II of this chapter.
(C)The Attorney General provides direction that the acquisition be terminated.
(D)The head of the element of the intelligence community conducting the acquisition determines that a request under paragraph (1)(C) is not warranted.
(E)When the threat of death or serious bodily harm to any person is no longer reasonably believed to exist.
(3)Nonpublicly available information concerning unconsenting United States persons acquired under this subsection shall not be disseminated during the 72 hour time period under paragraph (1) unless necessary to investigate, reduce, or eliminate the threat of death or serious bodily harm to any person.
(4)If the Attorney General declines to authorize the employment of emergency electronic surveillance under subsection (e) or the employment of an emergency physical search pursuant to section 1824(e) of this title, or a court order is not obtained under this subchapter or subchapter II of this chapter, information obtained during the 72 hour acquisition time period under paragraph (1) shall not be retained, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.
(5)Paragraphs (5) and (6) of subsection (e) shall apply to this subsection.
United States Government work; public domain under 17 U.S.C. § 105.