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 the infor- mation likely to be obtained is relevant to an ongoing foreign intelligence or international terrorism inves- tigation being conducted by the Federal Bureau of In- vestigation under guidelines approved by the Attorney General; and’’. Subsec. (c)(3). Pub. L. 107–56, § 214(a)(3), struck out par. (3) which read as follows: ‘‘information which dem- onstrates that there is reason to believe that the tele- phone line to which the pen register or trap and trace device is to be attached, or the communication instru- ment or device to be covered by the pen register or trap and trace device, has been or is about to be used in communication with— ‘‘(A) an individual who is engaging or has engaged in international terrorism or clandestine intelligence activities that involve or may involve a violation of the criminal laws of the United States; or ‘‘(B) a foreign power or agent of a foreign power under circumstances giving reason to believe that the communication concerns or concerned international terrorism or clandestine intelligence activities that involve or may involve a violation of the criminal laws of the United States.’’ Subsec. (d)(2)(A). Pub. L. 107–56, § 214(a)(4), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘shall specify— ‘‘(i) the identity, if known, of the person who is the subject of the foreign intelligence or international terrorism investigation; ‘‘(ii) in the case of an application for the installa- tion and use of a pen register or trap and trace device with respect to a telephone line— ‘‘(I) the identity, if known, of the person to whom is leased or in whose name the telephone line is listed; and ‘‘(II) the number and, if known, physical location of the telephone line; and ‘‘(iii) in the case of an application for the use of a pen register or trap and trace device with respect to a communication instrument or device not covered by clause (ii)— ‘‘(I) the identity, if known, of the person who owns or leases the instrument or device or in whose name the instrument or device is listed; and ‘‘(II) the number of the instrument or device; and’’. Subsec. (f). Pub. L. 107–108, § 314(a)(5)(B), substituted ‘‘terms of an order issued’’ for ‘‘terms of a court’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Amendment by section 10(a)(3) of Pub. L. 118–49 appli- cable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(a)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title. Amendment by section 10(b)(3) of Pub. L. 118–49 appli- cable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(b)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title. EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. § 1843. Authorization during emergencies (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 installa- tion 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 inves- tigation of a United States person is not con- ducted solely upon the basis of activities pro- tected by the first amendment to the Constitu- tion if— (1) a judge referred to in section 1842(b) of this title is informed by the Attorney General or his designee at the time of such authoriza- tion that the decision has been made to install and use the pen register or trap and trace de- vice, as the case may be, on an emergency basis; and (2) an application in accordance with section 1842 of this title is made to such judge as soon as practicable, but not more than 7 days, after the Attorney General authorizes the installa- tion 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 Gen- eral that— (1) an emergency requires the installation and use of a pen register or trap and trace de- vice to obtain foreign intelligence information not concerning a United States person or in- formation to protect against international Page 275 TITLE 50—WAR AND NATIONAL DEFENSE § 1845 terrorism or clandestine intelligence activi- ties, 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 ob- tained under section 1842 of this title; and (2) the factual basis for issuance of an order under such section 1842 of this title to approve the installation and use of the pen register or trap and trace device, as the case may be, ex- ists. (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 au- thorized 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 ear- lier of— (A) when the information sought is obtained; (B) when the application for the order is de- nied under section 1842 of this title; 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 de- nied, 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 is issued approv- ing 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 de- vice, as the case may be, shall be received in evi- dence or otherwise disclosed in any trial, hear- ing, or other proceeding in or before any court, grand jury, department, office, agency, regu- latory body, legislative committee, or other au- thority of the United States, a State, or polit- ical subdivision thereof, and no information con- cerning any United States person acquired from the use of the pen register or trap and trace de- vice, as the case may be, shall subsequently be used or disclosed in any other manner by Fed- eral 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 sub- section (a)(2) may be reviewed as provided in section 1803 of this title. (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. (Pub. L. 95–511, title IV, § 403, as added Pub. L. 105–272, title VI, § 601(2), Oct. 20, 1998, 112 Stat. 2407; amended Pub. L. 107–56, title II, § 214(b), Oct. 26, 2001, 115 Stat. 287; Pub. L. 110–261, title I, § 108, July 10, 2008, 122 Stat. 2464; Pub. L. 114–23, title II, § 202(b), June 2, 2015, 129 Stat. 278; Pub. L. 115–118, title II, § 205(b)(5), Jan. 19, 2018, 132 Stat. 22.) Editorial Notes AMENDMENTS 2018—Subsec. (c)(3). Pub. L. 115–118 added par. (3). 2015—Subsec. (d). Pub. L. 114–23 added subsec. (d). 2008—Subsecs. (a)(2), (c)(1)(C). Pub. L. 110–261 sub- stituted ‘‘7 days’’ for ‘‘48 hours’’. 2001—Subsec. (a). Pub. L. 107–56, § 214(b)(1), sub- stituted ‘‘foreign intelligence information not con- cerning a United States person or information to pro- tect against international terrorism or clandestine in- telligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amend- ment to the Constitution’’ for ‘‘foreign intelligence in- formation or information concerning international ter- rorism’’ in introductory provisions. Subsec. (b)(1). Pub. L. 107–56, § 214(b)(2), substituted ‘‘foreign intelligence information not concerning a United States person or information to protect against international terrorism or clandestine intelligence ac- tivities, 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 Con- stitution’’ for ‘‘foreign intelligence information or in- formation concerning international terrorism’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under sec- tion 1801 of this title. § 1844. Authorization during time of war Notwithstanding any other provision of law, the President, through the Attorney General, may authorize the use of a pen register or trap and trace device without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed 15 cal- endar days following a declaration of war by Congress. (Pub. L. 95–511, title IV, § 404, as added Pub. L. 105–272, title VI, § 601(2), Oct. 20, 1998, 112 Stat. 2408.) § 1845. Use of information (a) In general (1) Information acquired from the use of a pen register or trap and trace device installed pursu- ant to this subchapter concerning any United States person may be used and disclosed by Fed- eral officers and employees without the consent of the United States person only in accordance with the provisions of this section. (2) No information acquired from a pen reg- ister or trap and trace device installed and used pursuant to this subchapter may be used or dis- closed by Federal officers or employees except for lawful purposes. (b) Disclosure for law enforcement purposes No information acquired pursuant to this sub- chapter shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any in- formation derived therefrom, may only be used in a criminal proceeding with the advance au- thorization of the Attorney General.