92 STAT. 1792
PUBLIC LAW 95-511—OCT. 2 5 , 1978
(2) the factual basis for issuance of an order under this title to
approve such surveillance exists;
Emergency order, he may authorize the emergency employment of electronic surveillance
if a judge having jurisdiction under section 103 is informed by the
Attorney General or his designee at the time of such authorization t h a t
the decision has been made to employ emergency electronic surveillance
and if an application in accordance with this title is made to t h a t
judge as soon as practicable, but not more t h a n twenty-four hours after
the Attorney General authorizes such surveillance. If the Attorney
General authorizes such emergency employment of electronic surveil/
lance, he shall require t h a t the minimization procedures required by
this title for t h e issuance of a judicial order be followed. I n 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
twenty-four hours from the time of authorization by the Attorney
Denial of
General, whichever is earliest. I n the event t h a t such application for
application.
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, g r a n d 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 t h e approval of the Attorney General if t h e
information indicates a threat of death or serious bodily h a r m to any
Review.
person. A denial of the application made under this subsection may be
reviewed as provided in section 103.
Testing of
(f) Notwithstanding any other provision of this title, officers,
electronic
employees, or agents of the United States are authorized in the normal
equipment.
course of their official duties to conduct electronic surveillance not
targeted against the communications of any particular person or
persons, under procedures approved by the Attorney General, solely
to—
(1) test the capability of electronic equipment, if—
(A) it is not reasonable to obtain the consent of the persons
incidentally subjected to the surveillance;
( B ) the test is limited in extent and duration to that necessary to determine the capability of the equipment;
(C) the contents of any communication acquired are
retained and used only for the purpose of determining the
capability of the equipment, are disclosed only to test personnel, and are destroyed before or immediately upon completion
of the test; a n d :
Termination.
( D ) Provided, T h a t the test may exceed ninety days only
with the prior approval of the Attorney General;
(2) determine the existence and capability of electronic surveillance equipment being used by persons not authorized to conduct
electronic surveillance, if—
( A ) it is not reasonable to obtain the consent of persons
incidentally subjected to the surveillance;
( B ) such electronic surveillance is limited in extent and
duration to t h a t necessary to determine the existence and
capability of such equipment; and