Laws: Cases and Codes : U.S. Code : Title 50 : Section 1804


   
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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