
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 107-56 Section 214(b)]
[CITE: 50USC1843]

 
                   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. 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) of 
this section, 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 or information concerning 
international terrorism 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 
    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 
    is made to such judge as soon as practicable, but not more than 48 
    hours, 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 or information concerning international terrorism 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; 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, 
    exists.

(c) Effect of absence of order

    (1) In the absence of an order applied for under subsection (a)(2) 
of this section 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; or
        (C) 48 hours 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) of this section 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 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.

(Pub. L. 95-511, title IV, Sec. 403, as added Pub. L. 105-272, title VI, 
Sec. 601(2), Oct. 20, 1998, 112 Stat. 2407.)
