Sec. 102. Emergency authority
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/bill/113/hr/3361/eh/section-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 501 ( 50 U.S.C. 1861 ) is amended by adding at the end the following new subsection: Notwithstanding any other provision of this section, the Attorney General may require the emergency production of tangible things if the Attorney General— reasonably determines that an emergency situation requires the production of tangible things before an order authorizing such production can with due diligence be obtained; reasonably determines that the factual basis for the issuance of an order under this section to approve such production of tangible things exists; informs, either personally or through a designee, a judge having jurisdiction under this section at the time the Attorney General requires the emergency production of tangible things that the decision has been made to employ the authority under this subsection; and makes an application in accordance with this section to a judge having jurisdiction under this section as soon as practicable, but not later than 7 days after the Attorney General requires the emergency production of tangible things under this subsection.
If the Attorney General authorizes the emergency production of tangible things under paragraph (1), the Attorney General shall require that the minimization procedures required by this section for the issuance of a judicial order be followed. In the absence of a judicial order approving the production of tangible things under this subsection, the production 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 the Attorney General begins requiring the emergency production of such tangible things, whichever is earliest.
A denial of the application made under this subsection may be reviewed as provided in section 103. If such application for approval is denied, or in any other case where the production of tangible things is terminated and no order is issued approving the production, no information obtained or evidence derived from such production 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 production 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.
The Attorney General shall assess compliance with the requirements of paragraph (5). . Section 501(d) ( 50 U.S.C. 1861(d) ) is amended— in paragraph (1)— in the matter preceding subparagraph (A), by striking pursuant to an order and inserting pursuant to an order issued or an emergency production required ; in subparagraph (A), by striking such order and inserting such order or such emergency production ; and in subparagraph (B), by striking the order and inserting the order or the emergency production ; and in paragraph (2)— in subparagraph (A), by striking an order and inserting an order or emergency production ; and in subparagraph (B), by striking an order and inserting an order or emergency production .
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Sec. 102
Emergency authority
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