
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(b)]
[Document affected by Public Law 107-108 Section 314(a)(2)]
[Document affected by Public Law 107-108 Section 314(c)(1)]
[Document affected by Public Law 107-56 Section 206,]
[Document affected by Public Law 107-56 Section 207(b)(1)]
[Document affected by Public Law 107-56 Section 225]
[CITE: 50USC1805]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
              CHAPTER 36--FOREIGN INTELLIGENCE SURVEILLANCE
 
                  SUBCHAPTER I--ELECTRONIC SURVEILLANCE
 
Sec. 1805. Issuance of order


(a) Necessary findings

    Upon an application made pursuant to section 1804 of this title, the 
judge shall enter an ex parte order as requested or as modified 
approving the electronic surveillance if he finds that--
        (1) the President has authorized the Attorney General to approve 
    applications for electronic surveillance for foreign intelligence 
    information;
        (2) the application has been made by a Federal officer and 
    approved by the Attorney General;
        (3) on the basis of the facts submitted by the applicant there 
    is probable cause to believe that--
            (A) the target of the electronic surveillance is a foreign 
        power or an agent of a foreign power: Provided, That no United 
        States person may be considered a foreign power or an agent of a 
        foreign power solely upon the basis of activities protected by 
        the first amendment to the Constitution of the United States; 
        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;

        (4) the proposed minimization procedures meet the definition of 
    minimization procedures under section 1804(h) of this title; and
        (5) the application which has been filed contains all statements 
    and certifications required by section 1804 of this title and, if 
    the target is a United States person, the certification or 
    certifications are not clearly erroneous on the basis of the 
    statement made under section 1804(a)(7)(E) of this title and any 
    other information furnished under section 1804(d) of this title.

(b) Specifications and directions of orders

    An order approving an electronic surveillance under this section 
shall--
        (1) specify--
            (A) the identity, if known, or a description of the target 
        of the electronic surveillance;
            (B) the nature and location of each of the facilities or 
        places at which the electronic surveillance will be directed;
            (C) the type of information sought to be acquired and the 
        type of communications or activities to be subjected to the 
        surveillance;
            (D) the means by which the electronic surveillance will be 
        effected and whether physical entry will be used to effect the 
        surveillance;
            (E) the period of time during which the electronic 
        surveillance is approved; and
            (F) whenever more than one electronic, mechanical, or other 
        surveillance device is to be used under the order, the 
        authorized coverage of the devices involved and what 
        minimization procedures shall apply to information subject to 
        acquisition by each device; and

        (2) direct--
            (A) that the minimization procedures be followed;
            (B) that, upon the request of the applicant, a specified 
        communication or other common carrier, landlord, custodian, or 
        other specified person furnish the applicant forthwith all 
        information, facilities, or technical assistance necessary to 
        accomplish the electronic surveillance in such a manner as will 
        protect its secrecy and produce a minimum of interference with 
        the services that such carrier, landlord, custodian, or other 
        person is providing that target of electronic surveillance;
            (C) that such carrier, landlord, custodian, or other person 
        maintain under security procedures approved by the Attorney 
        General and the Director of Central Intelligence any records 
        concerning the surveillance or the aid furnished that such 
        person wishes to retain; and
            (D) that the applicant compensate, at the prevailing rate, 
        such carrier, landlord, custodian, or other person for 
        furnishing such aid.

(c) 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 order 
need not contain the information required by subparagraphs (C), (D), and 
(F) of subsection (b)(1) of this section, but shall generally describe 
the information sought, the communications or activities to be subjected 
to the surveillance, and the type of electronic surveillance involved, 
including whether physical entry is required.

(d) Duration of order; extensions; review of circumstances under which 
        information was acquired, retained or disseminated

    (1) An order issued under this section may approve an electronic 
surveillance for the period necessary to achieve its purpose, or for 
ninety days, whichever is less, except that an order under this section 
shall approve an electronic surveillance targeted against a foreign 
power, as defined in section 1801(a)(1), (2), or (3) of this title, for 
the period specified in the application or for one year, whichever is 
less.
    (2) Extensions of an order issued under this subchapter may be 
granted on the same basis as an original order upon an application for 
an extension and new findings made in the same manner as required for an 
original order, except that an extension of an order under this chapter 
for a surveillance targeted against a foreign power, as defined in 
section 1801(a)(5) or (6) of this title, or against a foreign power as 
defined in section 1801(a)(4) of this title that is not a United States 
person, may be for a period not to exceed one year if the judge finds 
probable cause to believe that no communication of any individual United 
States person will be acquired during the period.
    (3) At or before the end of the period of time for which electronic 
surveillance is approved by an order or an extension, the judge may 
assess compliance with the minimization procedures by reviewing the 
circumstances under which information concerning United States persons 
was acquired, retained, or disseminated.

(e) Emergency orders

    Notwithstanding any other provision of this subchapter, when the 
Attorney General reasonably determines that--
        (1) an emergency situation exists with respect to the employment 
    of electronic surveillance to obtain foreign intelligence 
    information before an order authorizing such surveillance can with 
    due diligence be obtained; and
        (2) the factual basis for issuance of an order under this 
    subchapter to approve such surveillance exists;

he may authorize the emergency employment of electronic surveillance if 
a judge having jurisdiction under section 1803 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 employ emergency 
electronic surveillance and if an application in accordance with this 
subchapter is made to that judge as soon as practicable, but not more 
than twenty-four hours after the Attorney General authorizes such 
surveillance. If the Attorney General authorizes such emergency 
employment of electronic surveillance, he shall require that the 
minimization procedures required by this subchapter for the issuance of 
a judicial order be followed. In the absence of a judicial order 
approving such electronic surveillance, the surveillance shall terminate 
when the information sought is obtained, when the application for the 
order is denied, or after the expiration of twenty-four hours from the 
time of authorization by the Attorney General, whichever is earliest. In 
the event that such application for approval is denied, or in any other 
case where the electronic surveillance is terminated and no order is 
issued approving the surveillance, no information obtained or evidence 
derived from such surveillance 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 such surveillance 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. A denial of the 
application made under this subsection may be reviewed as provided in 
section 1803 of this title.

(f) Testing of electronic equipment; discovering unauthorized electronic 
        surveillance; training of intelligence personnel

    Notwithstanding any other provision of this subchapter, officers, 
employees, or agents of the United States are authorized in the normal 
course of their official duties to conduct electronic surveillance not 
targeted against the communications of any particular person or persons, 
under procedures approved by the Attorney General, solely to--
        (1) test the capability of electronic equipment, if--
            (A) it is not reasonable to obtain the consent of the 
        persons incidentally subjected to the surveillance;
            (B) the test is limited in extent and duration to that 
        necessary to determine the capability of the equipment;
            (C) the contents of any communication acquired are retained 
        and used only for the purpose of determining the capability of 
        the equipment, are disclosed only to test personnel, and are 
        destroyed before or immediately upon completion of the test; 
        and:
            (D) Provided, That the test may exceed ninety days only with 
        the prior approval of the Attorney General;

        (2) determine the existence and capability of electronic 
    surveillance equipment being used by persons not authorized to 
    conduct electronic surveillance, if--
            (A) it is not reasonable to obtain the consent of persons 
        incidentally subjected to the surveillance;
            (B) such electronic surveillance is limited in extent and 
        duration to that necessary to determine the existence and 
        capability of such equipment; and
            (C) any information acquired by such surveillance is used 
        only to enforce chapter 119 of title 18, or section 605 of title 
        47, or to protect information from unauthorized surveillance; or

        (3) train intelligence personnel in the use of electronic 
    surveillance equipment, if--
            (A) it is not reasonable to--
                (i) obtain the consent of the persons incidentally 
            subjected to the surveillance;
                (ii) train persons in the course of surveillances 
            otherwise authorized by this subchapter; or
                (iii) train persons in the use of such equipment without 
            engaging in electronic surveillance;

            (B) such electronic surveillance is limited in extent and 
        duration to that necessary to train the personnel in the use of 
        the equipment; and
            (C) no contents of any communication acquired are retained 
        or disseminated for any purpose, but are destroyed as soon as 
        reasonably possible.

(g) Retention of certifications, applications and orders

    Certifications made by the Attorney General pursuant to section 
1802(a) of this title and applications made and orders granted under 
this subchapter shall be retained for a period of at least ten years 
from the date of the certification or application.

(Pub. L. 95-511, title I, Sec. 105, Oct. 25, 1978, 92 Stat. 1790; Pub. 
L. 98-549, Sec. 6(b)(3), Oct. 30, 1984, 98 Stat. 2804.)


                               Amendments

    1984--Subsec. (f)(2)(C). Pub. L. 98-549 substituted ``section 705'' 
for ``section 605'' in the original to accommodate renumbering of 
sections in subchapter VI (section 601 et seq.) of chapter 5 of Title 
47, Telegraphs, Telephones, and Radiotelegraphs, by section 6(a) of Pub. 
L. 98-549. Because both sections translate as ``section 605 of Title 
47'', the amendment by Pub. L. 98-549 resulted in no change in text.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-549 effective 60 days after Oct. 30, 1984, 
except where otherwise expressly provided, see section 9(a) of Pub. L. 
98-549, set out as a note under section 521 of Title 47, Telegraphs, 
Telephones, and Radiotelegraphs.

                  Section Referred to in Other Sections

    This section is referred to in sections 1801, 1802, 1804, 1806, 1842 
of this title; title 47 section 1002.
