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U.S. Code as of:
01/19/04
Section 1804. Applications for court orders
(a) Submission by Federal officer; approval of Attorney General;
contents
Each application for an order approving electronic surveillance
under this subchapter shall be made by a Federal officer in writing
upon oath or affirmation to a judge having jurisdiction under
section 1803 of this title. Each application shall require the
approval of the Attorney General based upon his finding that it
satisfies the criteria and requirements of such application as set
forth in this subchapter. It shall include -
(1) the identity of the Federal officer making the application;
(2) the authority conferred on the Attorney General by the
President of the United States and the approval of the Attorney
General to make the application;
(3) the identity, if known, or a description of the target of
the electronic surveillance;
(4) a statement of the facts and circumstances relied upon by
the applicant to justify his belief that -
(A) the target of the electronic surveillance is a foreign
power or an agent of a foreign power; and
(B) each of the facilities or places at which the electronic
surveillance is directed is being used, or is about to be used,
by a foreign power or an agent of a foreign power;
(5) a statement of the proposed minimization procedures;
(6) a detailed description of the nature of the information
sought and the type of communications or activities to be
subjected to the surveillance;
(7) a certification or certifications by the Assistant to the
President for National Security Affairs or an executive branch
official or officials designated by the President from among
those executive officers employed in the area of national
security or defense and appointed by the President with the
advice and consent of the Senate -
(A) that the certifying official deems the information sought
to be foreign intelligence information;
(B) that a significant purpose of the surveillance is to
obtain foreign intelligence information;
(C) that such information cannot reasonably be obtained by
normal investigative techniques;
(D) that designates the type of foreign intelligence
information being sought according to the categories described
in section 1801(e) of this title; and
(E) including a statement of the basis for the certification
that -
(i) the information sought is the type of foreign
intelligence information designated; and
(ii) such information cannot reasonably be obtained by
normal investigative techniques;
(8) a statement of the means by which the surveillance will be
effected and a statement whether physical entry is required to
effect the surveillance;
(9) a statement of the facts concerning all previous
applications that have been made to any judge under this
subchapter involving any of the persons, facilities, or places
specified in the application, and the action taken on each
previous application;
(10) a statement of the period of time for which the electronic
surveillance is required to be maintained, and if the nature of
the intelligence gathering is such that the approval of the use
of electronic surveillance under this subchapter should not
automatically terminate when the described type of information
has first been obtained, a description of facts supporting the
belief that additional information of the same type will be
obtained thereafter; and
(11) whenever more than one electronic, mechanical or other
surveillance device is to be used with respect to a particular
proposed electronic surveillance, the coverage of the devices
involved and what minimization procedures apply to information
acquired by each device.
(b) Exclusion of certain information respecting foreign power
targets
Whenever the target of the electronic surveillance is a foreign
power, as defined in section 1801(a)(1), (2), or (3) of this title,
and each of the facilities or places at which the surveillance is
directed is owned, leased, or exclusively used by that foreign
power, the application need not contain the information required by
paragraphs (6), (7)(E), (8), and (11) of subsection (a) of this
section, but shall state whether physical entry is required to
effect the surveillance and shall contain such information about
the surveillance techniques and communications or other information
concerning United States persons likely to be obtained as may be
necessary to assess the proposed minimization procedures.
(c) Additional affidavits or certifications
The Attorney General may require any other affidavit or
certification from any other officer in connection with the
application.
(d) Additional information
The judge may require the applicant to furnish such other
information as may be necessary to make the determinations required
by section 1805 of this title.
(e) Personal review by Attorney General
(1)(A) Upon written request of the Director of the Federal Bureau
of Investigation, the Secretary of Defense, the Secretary of State,
or the Director of Central Intelligence, the Attorney General shall
personally review under subsection (a) of this section an
application under that subsection for a target described in section
1801(b)(2) of this title.
(B) Except when disabled or otherwise unavailable to make a
request referred to in subparagraph (A), an official referred to in
that subparagraph may not delegate the authority to make a request
referred to in that subparagraph.
(C) Each official referred to in subparagraph (A) with authority
to make a request under that subparagraph shall take appropriate
actions in advance to ensure that delegation of such authority is
clearly established in the event such official is disabled or
otherwise unavailable to make such request.
(2)(A) If as a result of a request under paragraph (1) the
Attorney General determines not to approve an application under the
second sentence of subsection (a) of this section for purposes of
making the application under this section, the Attorney General
shall provide written notice of the determination to the official
making the request for the review of the application under that
paragraph. Except when disabled or otherwise unavailable to make a
determination under the preceding sentence, the Attorney General
may not delegate the responsibility to make a determination under
that sentence. The Attorney General shall take appropriate actions
in advance to ensure that delegation of such responsibility is
clearly established in the event the Attorney General is disabled
or otherwise unavailable to make such determination.
(B) Notice with respect to an application under subparagraph (A)
shall set forth the modifications, if any, of the application that
are necessary in order for the Attorney General to approve the
application under the second sentence of subsection (a) of this
section for purposes of making the application under this section.
(C) Upon review of any modifications of an application set forth
under subparagraph (B), the official notified of the modifications
under this paragraph shall modify the application if such official
determines that such modification is warranted. Such official shall
supervise the making of any modification under this subparagraph.
Except when disabled or otherwise unavailable to supervise the
making of any modification under the preceding sentence, such
official may not delegate the responsibility to supervise the
making of any modification under that preceding sentence. Each such
official shall take appropriate actions in advance to ensure that
delegation of such responsibility is clearly established in the
event such official is disabled or otherwise unavailable to
supervise the making of such modification.
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