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50 U.S.C. § 1843 — Authorization during emergencies

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1843 — Authorization during emergencies

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Stable record: federal_law:legal_authorities:record_usc_6ff82a3896894e517c0fce57
Source file: Laws/federal/codes/united-states-code/title-50/section-1843-authorization-during-emergencies--a017e8b041.md
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Source location: Title 50, Chapter 36, § 1843; chapter-036-foreign-intelligence-surveillance.md

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**(a) Requirements for authorization** Notwithstanding any other provision of this subchapter, when the Attorney General makes a determination described in subsection (b), the Attorney General may authorize the installation and use of a pen register or trap and trace device on an emergency basis to gather foreign intelligence information not concerning a United States person or information to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution if— (1) a judge referred to in [section 1842(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1842/b&num=0&edition=prelim) is informed by the Attorney General or his designee at the time of such authorization that the decision has been made to install and use the pen register or trap and trace device, as the case may be, on an emergency basis; and (2) an application in accordance with [section 1842 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1842&num=0&edition=prelim) is made to such judge as soon as practicable, but not more than 7 days, after the Attorney General authorizes the installation and use of the pen register or trap and trace device, as the case may be, under this section. **(b) Determination of emergency and factual basis** A determination under this subsection is a reasonable determination by the Attorney General that— (1) an emergency requires the installation and use of a pen register or trap and trace device to obtain foreign intelligence information not concerning a United States person or information to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution before an order authorizing the installation and use of the pen register or trap and trace device, as the case may be, can with due diligence be obtained under [section 1842 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1842&num=0&edition=prelim); and (2) the factual basis for issuance of an order under such [section 1842 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1842&num=0&edition=prelim) to approve the installation and use of the pen register or trap and trace device, as the case may be, exists. **(c) Effect of absence of order** (1) In the absence of an order applied for under subsection (a)(2) approving the installation and use of a pen register or trap and trace device authorized under this section, the installation and use of the pen register or trap and trace device, as the case may be, shall terminate at the earlier of— (A) when the information sought is obtained; (B) when the application for the order is denied under [section 1842 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1842&num=0&edition=prelim); or (C) 7 days after the time of the authorization by the Attorney General. (2) In the event that an application for an order applied for under subsection (a)(2) is denied, or in any other case where the installation and use of a pen register or trap and trace device under this section is terminated and no order under [section 1842 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1842&num=0&edition=prelim) is issued approving the installation and use of the pen register or trap and trace device, as the case may be, no information obtained or evidence derived from the use of the pen register or trap and trace device, as the case may be, 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 the use of the pen register or trap and trace device, as the case may be, 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. (3) A denial of the application made under subsection (a)(2) may be reviewed as provided in [section 1803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803&num=0&edition=prelim). **(d) Privacy procedures** Information collected through the use of a pen register or trap and trace device installed under this section shall be subject to the policies and procedures required under [section 1842(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1842/h&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1842 — Pen registers and trap and trace devices for foreign intelligence and international terrorism investigations

**(a) Application for authorization or approval** (1) Notwithstanding any other provision of law, the Attorney General or a designated attorney for the Government may make an application for an order or an extension of an order authorizing or approving the installation and use of a pen register or trap and trace device for any investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution which is being conducted by the Federal Bureau of Investigation under such guidelines as the Attorney General approves pursuant to Executive Order No. 12333, or a successor order. (2) The authority under paragraph (1) is in addition to the authority under subchapter I of this chapter to conduct the electronic surveillance referred to in that paragraph. **(b) Form of application; recipient** Each application under this section shall be in writing under oath or affirmation to— (1) a judge of the court established by [section 1803(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803/a&num=0&edition=prelim); or (2) a United States Magistrate Judge under chapter 43 of title 28 who is publicly designated by the Chief Justice of the United States to have the power to hear applications for and grant orders approving the installation and use of a pen register or trap and trace device on behalf of a judge of that court. **(c) Executive approval; contents of application** Each application under this section shall require the approval of the Attorney General, or a desi

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1803 — Designation of judges

**(a) Court to hear applications and grant orders; record of denial; transmittal to court of review** (1) The Chief Justice of the United States shall publicly designate 11 district court judges from at least seven of the United States judicial circuits of whom no fewer than 3 shall reside within 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under the procedures set forth in this chapter, except that no judge designated under this subsection (except when sitting en banc under paragraph (2)) shall hear the same application for electronic surveillance under this chapter which has been denied previously by another judge designated under this subsection. If any judge so designated denies an application for an order authorizing electronic surveillance under this chapter, such judge shall provide immediately for the record a written statement of each reason for his decision and, on motion of the United States, the record shall be transmitted, under seal, to the court of review established in subsection (b). (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 1861(f) 11 See References in Text note below. of this title or paragraph (4) or (5) of [section 1881a(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a/i&num=0&edition=prelim), 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 decis

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1803

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1801 — Definitions

As used in this subchapter: **(a)** “Foreign power” means— (1) a foreign government or any component thereof, whether or not recognized by the United States; (2) a faction of a foreign nation or nations, not substantially composed of United States persons; (3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments; (4) a group engaged in international terrorism or activities in preparation therefor; (5) a foreign-based political organization, not substantially composed of United States persons; (6) an entity that is directed and controlled by a foreign government or governments; or (7) an entity not substantially composed of United States persons that is engaged in the international proliferation of weapons of mass destruction. **(b)** “Agent of a foreign power” means— (1) any person other than a United States person, who— (A) acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4), irrespective of whether the person is inside the United States; (B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances indicate that such person may engage in such activities, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities; (C) Omitted (D) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor; or (E) engages in the international proliferation of weapons of mass destruction, or activities in prepa

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1846 — Congressional oversight

**(a)** On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, concerning all uses of pen registers and trap and trace devices pursuant to this subchapter. **(b)** On a semiannual basis, the Attorney General shall also provide to the committees referred to in subsection (a) a report setting forth with respect to the preceding 6-month period— (1) the total number of applications made for orders approving the use of pen registers or trap and trace devices under this subchapter; (2) the total number of such orders either granted, modified, or denied; (3) the total number of pen registers and trap and trace devices whose installation and use was authorized by the Attorney General on an emergency basis under [section 1843 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1843&num=0&edition=prelim), and the total number of subsequent orders approving or denying the installation and use of such pen registers and trap and trace devices; (4) each department or agency on behalf of which the Attorney General or a designated attorney for the Government has made an application for an order authorizing or approving the installation and use of a pen register or trap and trace device under this subchapter; (5) for each department or agency described in paragraph (4), each number described in paragraphs (1), (2), and (3); and (6) a good faith estimate of the total number of subjects who were targeted by the installation and use of a pen register or trap and trace device under an order

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1843 — Authorization during emergencies

Page 274 TITLE 50—WAR AND NATIONAL DEFENSE § 1843 2018—Subsec. (d)(3). Pub. L. 115–118 added par. (3). 2015—Subsec. (c)(3). Pub. L. 114–23, § 201(a), added par. (3). Subsec. (h). Pub. L. 114–23, § 202(a), added subsec. (h). 2010—Subsec. (d)(2)(B)(ii)(II). Pub. L. 111–259 made technical amendment to directory language of Pub. L. 108–458. See 2004 Amendment note below. 2006—Subsec. (d)(2)(A). Pub. L. 109–177, § 128(a)(1), in- serted ‘‘and’’ at end of cl. (ii) and substituted semicolon for period at end of cl. (iii). Subsec. (d)(2)(C). Pub. L. 109–177, § 128(a)(2), (3), added subpar. (C). Subsec. (e). Pub. L. 109–177, § 105(c), designated exist- ing provisions as par. (1), substituted ‘‘Except as pro- vided in paragraph (2), an order issued’’ for ‘‘An order issued’’, and added par. (2). 2004—Subsec. (d)(2)(B)(ii)(II). Pub. L. 108–458, as amended by Pub. L. 111–259, substituted ‘‘Director of National Intelligence’’ for ‘‘Director of Central Intel- ligence’’. 2001—Subsec. (a)(1). Pub. L. 107–56, § 214(a)(1), sub- stituted ‘‘for any investigation to obtain foreign intel- ligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not con- ducted solely upon the basis of activities protected by the first amendment to the Constitution’’ for ‘‘for any investigation to gather foreign intelligence informa- tion or information concerning international ter- rorism’’. Subsec. (c)(1). Pub. L. 107–108, § 314(a)(5)(A), inserted ‘‘and’’ after semicolon at end. Subsec. (c)(2). Pub. L. 107–56, § 214(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘a certification by the applicant that t

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