Sec. 102. Emergency authority for access to call data records
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Section 403 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1843 ) is amended by adding at the end the following: Notwithstanding any other provision of this subsection, the Attorney General may require the production of call data records by the provider of a wire or electronic communication service on an emergency basis if— such records— are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with section 402 or 501, as appropriate, to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities; and pertain to— a foreign power or an agent of a foreign power; the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or an individual in contact with, or known to, a suspected agent of a foreign power; the Attorney General reasonably determines— an emergency requires the production of such records before an order requiring such production can with due diligence be obtained under section 402 or 501, as appropriate; and the factual basis for issuance of an order under section 402 or 501, as appropriate, to require the production of such records exists; a judge referred to in section 402(b) or 501(b)(1), as appropriate, is informed by the Attorney General at the time of the required production of such records that the decision has been made to require such production on an emergency basis; and an application in accordance with section 402 or 501, as appropriate, is made to such judge as soon as practicable, but not more than 7 days after the date on which the Attorney General requires the production of such records under this subsection.
In the absence of an order issued under section 402 or 501, as appropriate, to approve the emergency required production of call data records under paragraph (1), the authority to require the production of such records shall terminate at the earlier of— when the information sought is obtained; when the application for the order is denied under section 402 or 501, as appropriate; or 7 days after the time of the authorization by the Attorney General. If an application for an order applied for under section 402 or 501, as appropriate, for the production of call data records required to be produced pursuant to paragraph
(1)is denied, or in any other case where the emergency production of call data records under this section is terminated and no order under section 402 or 501, as appropriate, is issued approving the required production of such records, no information obtained or evidence derived from such records 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 records 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. . On the date that section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( Public Law 109–177 ; 50 U.S.C. 1805 note) takes effect, subsection
(e)of section 403 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1843 ), as added by paragraph (1), is amended— by striking or section 501, as appropriate, each place that term appears; in paragraph (1)— in subparagraph (B), by striking or 501, as appropriate; and by inserting a semicolon; and in subparagraph (C), by striking or 501(b)(1), as appropriate, ; and in paragraph (2)(A)(ii), by striking or 501, as appropriate; and by inserting a semicolon.
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- Pub. L. 109-177
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Sec. 102
Emergency authority for access to call data records
Pub. L.Pub. L. 109-177
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