50 U.S.C. § 1843 : US Code - Section 1843: Authorization during emergencies

Search 50 U.S.C. § 1843 : US Code - Section 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 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 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 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; 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.