Page:United States Statutes at Large Volume 112 Part 3.djvu/575

 PUBLIC LAW 105-272 —OCT. 20^ 1998 112 STAT. 2405 •TITLE IV—PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN INTELLIGENCE PURPOSES "DEFINITIONS "SEC. 401. As used in this title: 50 USC 1841. "(1) The terms 'foreign power', 'agent of a foreign power', 'international terrorism', 'foreign intelligence information', 'Attorney General', 'United States person', 'United States', 'person', and 'State' shall have the same meanings as in section 101 of this Act. "(2) The terms 'pen register' and 'trap and trace device' have the meanings given such terms in section 3127 of title 18, United States Code. "(3) The term 'aggrieved person' means any person— "(A) whose telephone line was subject to the installation or use of a pen register or trap and trace device authorized by this title; or "(B) whose communication instrument or device was subject to the use of a pen register or trap and trace device authorized by this title to capture incoming electronic or other communications impulses. "PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS "SEC. 402. (a)(1) Notwithstanding any other provision of law, 50 USC 1842. the Attorney General or a designated attorney for the Government may make an application for an order or an extension of EOI 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 title I of this Act to conduct the electronic surveillance referred to in that paragraph. "(b) Each application under this section shall be in writing under oath or affirmation to— "(1) a judge of the court established by section 103(a) of thisAct;or "(2) a United States Magistrate Judge under chapter 43 of title 28, United States Code, 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) 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

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