ISSUANCE OF AN ORDER.

SEC. 105. ISSUANCE OF AN ORDER.(a) In General.—Section 105 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805) is amended—(1) in subsection (a)—(A) by striking paragraph (1); and(B) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively;(2) in subsection (b), by striking “(a)(3)” and inserting “(a)(2)”;(3) in subsection (c)(1)—(A) in subparagraph (D), by adding “and” at the end;(B) in subparagraph (E), by striking “; and” and inserting a period; and(C) by striking subparagraph (F);(4) by striking subsection (d);(5) by redesignating subsections (e) through (i) as subsections (d) through (h), respectively;(6) by amending subsection (e), as redesignated by paragraph (5) of this section, to read as follows:“(e)(1) Notwithstanding any other provision of this title, the Attorney General may authorize the emergency employment of electronic surveillance if the Attorney General—“(A) reasonably determines that an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained;122 STAT. 2462“(B) reasonably determines that the factual basis for the issuance of an order under this title to approve such electronic surveillance exists;“(C) informs, either personally or through a designee, a judge having jurisdiction under section 103 at the time of such authorization that the decision has been made to employ emergency electronic surveillance; and“(D) makes an application in accordance with this title to a judge having jurisdiction under section 103 as soon as practicable, but not later than 7 days after the Attorney General authorizes such surveillance.“(2) If the Attorney General authorizes the emergency employment of electronic surveillance under paragraph (1), the Attorney General shall require that the minimization procedures required by this title for the issuance of a judicial order be followed.“(3) In the absence of a judicial order approving such electronic surveillance, the surveillance 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 of authorization by the Attorney General, whichever is earliest.“(4) A denial of the application made under this subsection may be reviewed as provided in section 103.“(5) In the event that such application for approval is denied, or in any other case where the electronic surveillance is terminated and no order is issued approving the surveillance, no information obtained or evidence derived from such surveillance 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 surveillance 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.“(6) The Attorney General shall assess compliance with the requirements of paragraph (5).”; and(7) by adding at the end the following:“(i) In any case in which the Government makes an application to a judge under this title to conduct electronic surveillance involving communications and the judge grants such application, upon the request of the applicant, the judge shall also authorize the installation and use of pen registers and trap and trace devices, and direct the disclosure of the information set forth in section 402(d)(2).”.(b) Conforming Amendment.—Section 108(a)(2)(C) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)(2)(C)) is amended by striking “105(f)” and inserting “105(e)”;