
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-108 Section 314(a)(5)]
[Document affected by Public Law 107-56 Section 214(a)]
[CITE: 50USC1842]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
              CHAPTER 36--FOREIGN INTELLIGENCE SURVEILLANCE
 
  SUBCHAPTER III--PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN 
                          INTELLIGENCE PURPOSES
 
Sec. 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 gather foreign intelligence information or information 
concerning international terrorism 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; 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 designated attorney for the Government, and 
shall include--
        (1) the identity of the Federal officer seeking to use the pen 
    register or trap and trace device covered by the application;
        (2) a certification by the applicant that the information likely 
    to be obtained is relevant to an ongoing foreign intelligence or 
    international terrorism investigation being conducted by the Federal 
    Bureau of Investigation under guidelines approved by the Attorney 
    General; and
        (3) information which demonstrates that there is reason to 
    believe that the telephone line to which the pen register or trap 
    and trace device is to be attached, or the communication instrument 
    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.

(d) Ex parte judicial order of approval

    (1) Upon an application made pursuant to this section, the judge 
shall enter an ex parte order as requested, or as modified, approving 
the installation and use of a pen register or trap and trace device if 
the judge finds that the application satisfies the requirements of this 
section.
    (2) An order issued under this section--
        (A) 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 installation 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

        (B) shall direct that--
            (i) upon request of the applicant, the provider of a wire or 
        electronic communication service, landlord, custodian, or other 
        person shall furnish any information, facilities, or technical 
        assistance necessary to accomplish the installation and 
        operation of the pen register or trap and trace device in such a 
        manner as will protect its secrecy and produce a minimum amount 
        of interference with the services that such provider, landlord, 
        custodian, or other person is providing the person concerned;
            (ii) such provider, landlord, custodian, or other person--
                (I) shall not disclose the existence of the 
            investigation or of the pen register or trap and trace 
            device to any person unless or until ordered by the court; 
            and
                (II) shall maintain, under security procedures approved 
            by the Attorney General and the Director of Central 
            Intelligence pursuant to section 1805(b)(2)(C) of this 
            title, any records concerning the pen register or trap and 
            trace device or the aid furnished; and

            (iii) the applicant shall compensate such provider, 
        landlord, custodian, or other person for reasonable expenses 
        incurred by such provider, landlord, custodian, or other person 
        in providing such information, facilities, or technical 
        assistance.

(e) Time limitation

    An order issued under this section shall authorize the installation 
and use of a pen register or trap and trace device for a period not to 
exceed 90 days. Extensions of such an order may be granted, but only 
upon an application for an order under this section and upon the 
judicial finding required by subsection (d) of this section. The period 
of extension shall be for a period not to exceed 90 days.

(f) Cause of action barred

    No cause of action shall lie in any court against any provider of a 
wire or electronic communication service, landlord, custodian, or other 
person (including any officer, employee, agent, or other specified 
person thereof) that furnishes any information, facilities, or technical 
assistance under subsection (d) of this section in accordance with the 
terms of a court under this section.

(g) Furnishing of results

    Unless otherwise ordered by the judge, the results of a pen register 
or trap and trace device shall be furnished at reasonable intervals 
during regular business hours for the duration of the order to the 
authorized Government official or officials.

(Pub. L. 95-511, title IV, Sec. 402, as added Pub. L. 105-272, title VI, 
Sec. 601(2), Oct. 20, 1998, 112 Stat. 2405.)

                       References in Text

    Executive Order No. 12333, referred to in subsec. (a)(1), is set out 
as a note under section 401 of this title.
    The criminal laws of the United States, referred to in subsec. 
(c)(3), are classified generally to Title 18, Crimes and Criminal 
Procedure.

                  Section Referred to in Other Sections

    This section is referred to in section 1843 of this title.
