PRIA Logo™
Title 50 — War and National DefenseRelease 119-73not60

§1843 Authorization During Emergencies

Title 50 › Chapter 36— FOREIGN INTELLIGENCE SURVEILLANCE › Subchapter III— PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN INTELLIGENCE PURPOSES › § 1843

Last updated Apr 5, 2026|Official source

Summary

The Attorney General can allow, on an emergency basis, the installation and use of a pen register or trap and trace device to gather foreign intelligence not about a U.S. person, or to protect against international terrorism or secret foreign spying. If a U.S. person is investigated, it cannot be based only on lawful First Amendment activities. At the time of the emergency authorization the Attorney General (or a designee) must tell the judge, and a formal application for the court’s approval must be filed as soon as possible but no later than 7 days after the authorization. The Attorney General must reasonably believe an emergency prevents getting a court order with due diligence and that the facts would support an order. If no court order is later issued, the use must stop when the information is obtained, when the application is denied, or 7 days after authorization, whichever comes first. Information obtained without a later order generally cannot be used in legal proceedings or disclosed, and information about a U.S. person cannot be further used without that person’s consent except if the Attorney General approves use due to a threat of death or serious injury. Denials can be reviewed under section 1803, and collected data must follow the policies in section 1842(h).

Full Legal Text

Title 50, §1843

War and National Defense — Source: USLM XML via OLRC

(a)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 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 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)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)(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; 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 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.
(d)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.

Legislative History

Notes & Related Subsidiaries

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 substituted “7 days” for “48 hours”. 2001—Subsec. (a). Pub. L. 107–56, § 214(b)(1), substituted “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” for “foreign intelligence information or information concerning international terrorism” 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 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” for “foreign intelligence information or information concerning international terrorism”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment 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 section 1801 of this title.

Reference

Citations & Metadata

Citation

50 U.S.C. § 1843

Title 50 — War and National Defense

Last Updated

Apr 5, 2026

Release point: 119-73not60