approving electronic surveillance under this title to each 
of the following: 
‘‘(1) The Deputy Attorney General. 
‘‘(2) The Assistant Attorney General for Na-
tional Security.’’. 
(b) CONFORMING AMENDMENT.—Section 102(b) of 
such Act (50 U.S.C. 1802(b)) is amended by inserting 
‘‘(or delegee of the Attorney General under section 
104(f))’’ after ‘‘Attorney General’’. 
SEC. 203. ADDITIONAL AUTHORITY FOR EMERGENCY ELEC-
TRONIC SURVEILLANCE. 
Section 105 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1805) is amended— 
(1) by redesignating subsections (g), (h), (i), 
and (j) as subsections (h), (i), (j), and (k), respec-
tively; and 
(2) by inserting after subsection (f) the fol-
lowing new subsection (g): 
‘‘(g)(1)(A) Notwithstanding any other provision of 
this title and subject to the provisions of this subsection, 
the Attorney General may, with the concurrence of the Di-
rector of National Intelligence, appoint appropriate super-
visory or executive personnel within the Federal Bureau 
of Investigation and the National Security Agency to au-
thorize electronic surveillance on a United States person 
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in the United States on an emergency basis pursuant to 
the provisions of this subsection. 
‘‘(B) For purposes of this subsection, an intelligence 
agent or employee acting under the supervision of a super-
visor or executive appointed under subparagraph (A) may 
conduct emergency electronic surveillance under this sub-
section if such supervisor or executive reasonably deter-
mines that— 
‘‘(i) an emergency situation exists with respect 
to the employment of electronic surveillance to ob-
tain foreign intelligence information before an order 
authorizing such surveillance can with due diligence 
be obtained; and 
‘‘(ii) the factual basis exists for the issuance of 
an order approving such surveillance under this title. 
‘‘(2) The supervisors and executives appointed by the 
Attorney General under paragraph (1) may only be offi-
cials as follows: 
‘‘(A) In the case of the Federal Bureau of In-
vestigation, officials at or above the level of Special 
Agent in Charge. 
‘‘(B) In the case of the National Security Agen-
cy, officials at or above the level of head of branch 
of the National Security Agency. 
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‘‘(3) A supervisor or executive responsible for the 
emergency employment of electronic surveillance under 
this subsection shall submit to the Attorney General (and, 
if authorized by the Attorney General, to the Deputy At-
torney General and the Assistant Attorney General for 
National Security) a request for approval of the surveil-
lance within 24 hours of the commencement of the surveil-
lance. The request shall set forth the ground for the belief 
specified in paragraph (1), together with such other infor-
mation as the Attorney General shall require. 
‘‘(4)(A) The review of a request under paragraph (3) 
shall be completed by the official concerned under that 
paragraph as soon as practicable, but not more than 72 
hours after the commencement of the electronic surveil-
lance concerned under paragraph (1). 
‘‘(B)(i) If the official concerned determines that the 
electronic surveillance does not meet the requirements of 
paragraph (1), the surveillance shall terminate imme-
diately and may not be recommenced by any supervisor 
or executive appointed under paragraph (1), or any agent 
or employee acting under the supervision of such super-
visor or executive, absent additional facts or changes in 
circumstances that lead a supervisor or executive ap-
pointed under paragraph (1) to reasonably believe that the 
requirements of paragraph (1) are satisfied. 
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‘‘(ii) In the event of a determination under clause (i), 
the Attorney General shall not be required, under section 
106(j), to notify any United States person of the fact that 
the electronic surveillance covered by such determination 
was conducted before the termination of the surveillance 
under that clause. However, the official making such de-
termination shall notify the court established by section 
103(a) of such determination, and shall also provide notice 
of such determination in the first report that is submitted 
under section 108(a) after such determination is made. 
‘‘(C) If the official concerned determines that the sur-
veillance meets the requirements of subsection (f), the sur-
veillance may continue, subject to the requirements of 
paragraph (5). 
‘‘(5)(A) An application in accordance with this title 
shall be made to a judge having jurisdiction under section 
103 as soon as practicable but not more than 168 hours 
after the commencement of electronic surveillance under 
paragraph (1). 
‘‘(B) In the absence of a judicial order approving 
electronic surveillance commenced under paragraph (1), 
the surveillance shall terminate at the earlier of— 
‘‘(i) when the information sought is obtained; or 
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‘‘(ii) when the application under subparagraph 
(A) for an order approving the surveillance is de-
nied; or 
‘‘(iii) 168 hours after the commencement of the 
surveillance, unless an application under subpara-
graph (A) is pending, in which case the surveillance 
may continue for up to an additional 24 hours while 
the judge has the application under advisement. 
‘‘(C) If an application under subparagraph (A) for 
an order approving electronic surveillance commenced 
under paragraph (1) is denied, or in any other case in 
which the surveillance is terminated and no order approv-
ing the surveillance is issued by a court, the use of infor-
mation obtained or evidence derived from the surveillance 
shall be governed by the provisions of subsection (f). 
‘‘(D) The denial of an application submitted under 
subparagraph (A) may be reviewed as provided in section 
103. 
‘‘(6) Any person who engages in the emergency em-
ployment of electronic surveillance under paragraph (1) 
shall follow the minimization procedures otherwise re-
quired by this title for the issuance of a judicial order ap-
proving the conduct of electronic surveillance. 
‘‘(7) Not later than 30 days after appointing super-
visors and executives under paragraph (1) to authorize the 
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