12 2 STA T . 2 456PUBLIC LA W 11 0– 261 —J UL Y 10 , 200 8‘ ‘ (1)AUTHORI T YF OR EM ER G E NC Y A UTHORI Z ATION .—Notwi t h-s t and in g an y oth erp ro v ision o f this se c tion , if the Attorney G enera l reasona b ly deter m ines that— ‘‘(A) an emergency sit u ation e x ists with respect to the ac q uisition of foreign intelligence information for which an order may be obtained under subsection (c) before an order under that subsection can, with due diligence, be obtained, and ‘‘( B ) the factual basis for the issuance of an order under this section exists, the Attorney General may authori z e the emergency acquisition ifa j udge having jurisdiction under subsection (a)(1) is informed by the Attorney General or a designee of the Attorney General at the time of such authorization that the decision has been made to conduct such acquisition and if an application in accordance with this section is made to a judge of the F oreign I ntelligence S urveillance C ourt as soon as practicable, but not more than 7 days after the Attorney General authorizes such acquisition. ‘‘( 2 ) M INIMIZATION P ROCE D URE S .—If the Attorney General authorizes an emergency acquisition under paragraph (1), the Attorney General shall require that the minimization proce- dures referred to in subsection (c)(1)(C) be followed. ‘‘( 3 ) T ERMINATION OF EMERGENCY AUTHORIZATION.—In the absence of an order under subsection (c), an emergency acquisi- tion under paragraph (1) shall terminate when the information sought is obtained, if 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 ) U SE OF INFORMATION.—If an application submitted to the Court pursuant to paragraph (1) is denied, or in any other case where the acquisition is terminated and no order with respect to the target of the acquisition is issued under subsection (c), no information obtained or evidence derived from such acquisition, except under circumstances in which the target of the acquisition is determined not to be a United States person, shall be received in evidence or otherwise dis- closed 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 informa- tion concerning any United States person acquired from such acquisition 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. ‘‘(e) APPEA L .— ‘‘(1) APPEAL TO THE COURT OF RE V IE W .—The Government may file a petition with the Foreign Intelligence Surveillance Court of R eview for review of an order issued pursuant to subsection (c). The Court of Review shall have jurisdiction to consider such petition and shall provide a written statement for the record of the reasons for a decision under this paragraph. ‘‘(2) CERTIORARI TO THE SUPREME COURT.—The Government may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under paragraph (1). Records.D e a d lin e.
�
