Sec. 701. Emergencies involving non-United States persons
537 words·~2 min read·
/bill/114/hr/2048/pcs/section-701A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 105 ( 50 U.S.C. 1805 ) is amended— by redesignating subsections (f), (g), (h), and
(i)as subsections (g), (h), (i), and (j), respectively; and by inserting after subsection
(e)the following: Notwithstanding any other provision of this Act, 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 title or to title III of this Act, provided that the head of an element of the intelligence community— 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; promptly notifies the Attorney General of a determination under subparagraph (A); and 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 304(e), as warranted. 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: The employment of emergency electronic surveillance under subsection
(e)or the employment of an emergency physical search pursuant to section 304(e). An issuance of a court order under this title or title III of this Act. The Attorney General provides direction that the acquisition be terminated. The head of the element of the intelligence community conducting the acquisition determines that a request under paragraph (1)(C) is not warranted. When the threat of death or serious bodily harm to any person is no longer reasonably believed to exist. 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. 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 304(e), or a court order is not obtained under this title or title III of this Act, 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. Paragraphs
(5)and
(6)of subsection
(e)shall apply to this subsection. . Section 106(j) ( 50 U.S.C. 1806(j) ) is amended by striking section 105(e) and inserting subsection
(e)or
(f)of section 105 . Section 108(a)(2) ( 50 U.S.C. 1808(a)(2) ) is amended— in subparagraph (B), by striking and at the end; in subparagraph (C), by striking the period at the end and inserting ; and ; and by adding at the end the following: the total number of authorizations under section 105(f) and the total number of subsequent emergency employments of electronic surveillance under section 105(e) or emergency physical searches pursuant to section 301(e). .
Connectionstraces to 3
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources