
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-567 Section 602(a)]
[Document affected by Public Law 107-56 Section 218]
[CITE: 50USC1804]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
              CHAPTER 36--FOREIGN INTELLIGENCE SURVEILLANCE
 
                  SUBCHAPTER I--ELECTRONIC SURVEILLANCE
 
Sec. 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 the 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.

(Pub. L. 95-511, title I, Sec. 104, Oct. 25, 1978, 92 Stat. 1788.)


         Designation of Certain Officials To Make Certifications

    For designation of certain officials to make certifications required 
by subsec. (a)(7) of this section, see Ex. Ord. No. 12139, May 23, 1979, 
44 F.R. 30311, set out under section 1802 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1802, 1805 of this title.
