Page:United States Statutes at Large Volume 122.djvu/2487

 12 2 STA T . 2 46 4 PUBLIC LA W 11 0– 261 —J UL Y 10, 200 8orafte rt h ee xpi ratio n of 7d a ys fro m the time of a u thori z ation b y the A ttorney G enera l,w hi c he v er is earliest .‘ ‘ (4) A denial of the application made under this subsection may be reviewed as provided in section 103 . ‘‘( 5 ) I n the event that such application for approval is denied, or in any other case where the physical search is terminated and no order is issued approvin g the physical search, no information obtained or evidence derived from such physical search shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand j ury, department, office, agency, regulatory body, legislative committee, or other authority of the U nited S tates, a State, or political subdivision thereof, and no information concerning any United States person ac q uired from such physical search shall subsequently be used or disclosed in any other manner by F ederal 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 ) T he Attorney General shall assess compliance with the requirements of paragraph (5). ’ ’. (c) CONF O RMI N G AM E N D MEN TS . — The Foreign Intelligence Surveillance Act of 1 9 7 8 (50 U.S.C. 1801 et seq.) is amended— (1) in section 304(a)(4), as redesignated by subsection (b) of this section, by stri k ing ‘‘303(a)(7)( E )’’ and inserting ‘‘303(a)(6)(E)’’ and ( 2 ) in section 305(k)(2), by striking ‘‘303(a)(7)’’ and inserting ‘‘303(a)(6)’’. SEC.108 . AM E ND MEN T S FOR EMER G ENC YP EN REG I STERS AND TRAP AND TRACE DE V ICES. Section 403 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) is amended— (1) in subsection (a)(2), by striking ‘‘48 hours’’ and inserting ‘‘7 days’’; and (2) in subsection (c)(1)(C), by striking ‘‘48 hours’’ and inserting ‘‘7 days’’. SEC. 10 9 . FOREIGN INTE L LIGENCE S U RVEILLANCE COURT. (a) D ESIGN A TION OF JU DGES.—Subsection (a) of section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended by inserting ‘‘at least’’ before ‘‘seven of the United States judicial circuits’’. (b) EN B AN C AUT H ORIT Y .— (1) IN GENERA L .—Subsection (a) of section 103 of the For - eign Intelligence Surveillance Act of 1978, as amended by sub- section (a) of this section, is further amended— (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and (B) by adding at the end the following new paragraph

‘‘(2)(A) The court established under this subsection may, on its own initiative, or upon the request of the Government in any proceeding or a party under section 501(f) or paragraph (4) or (5) of section 702(h), hold a hearing or rehearing, en banc, when ordered by a majority of the judges that constitute such court upon a determination that— ‘‘(i) en banc consideration is necessary to secure or maintain uniformity of the court’s decisions; or ‘‘(ii) the proceeding involves a question of exceptional impor- tance. 50USC182 5 . 50 USC 182 4 . As s e ss m e nt.

�