
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 603(a)]
[Document affected by Public Law 107-56 Section 218]
[CITE: 50USC1823]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
              CHAPTER 36--FOREIGN INTELLIGENCE SURVEILLANCE
 
                    SUBCHAPTER II--PHYSICAL SEARCHES
 
Sec. 1823. Application for order


(a) Submission by Federal officer; approval of Attorney General; 
        contents

    Each application for an order approving a physical search under this 
subchapter shall be made by a Federal officer in writing upon oath or 
affirmation to a judge of the Foreign Intelligence Surveillance Court. 
Each application shall require the approval of the Attorney General 
based upon the Attorney General's finding that it satisfies the criteria 
and requirements for such application as set forth in this subchapter. 
Each application shall include--
        (1) the identity of the Federal officer making the application;
        (2) the authority conferred on the Attorney General by the 
    President and the approval of the Attorney General to make the 
    application;
        (3) the identity, if known, or a description of the target of 
    the search, and a detailed description of the premises or property 
    to be searched and of the information, material, or property to be 
    seized, reproduced, or altered;
        (4) a statement of the facts and circumstances relied upon by 
    the applicant to justify the applicant's belief that--
            (A) the target of the physical search is a foreign power or 
        an agent of a foreign power;
            (B) the premises or property to be searched contains foreign 
        intelligence information; and
            (C) the premises or property to be searched is owned, used, 
        possessed by, or is in transit to or from a foreign power or an 
        agent of a foreign power;

        (5) a statement of the proposed minimization procedures;
        (6) a statement of the nature of the foreign intelligence sought 
    and the manner in which the physical search is to be conducted;
        (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 branch officers employed in the area of national security 
    or defense and appointed by the President, by and 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 search 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) includes a statement explaining the basis for the 
        certifications required by subparagraphs (C) and (D);

        (8) where the physical search involves a search of the residence 
    of a United States person, the Attorney General shall state what 
    investigative techniques have previously been utilized to obtain the 
    foreign intelligence information concerned and the degree to which 
    these techniques resulted in acquiring such information; and
        (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, premises, or property specified in the 
    application, and the action taken on each previous application.

(b) Additional affidavits or certifications

    The Attorney General may require any other affidavit or 
certification from any other officer in connection with the application.

(c) Additional information

    The judge may require the applicant to furnish such other 
information as may be necessary to make the determinations required by 
section 1824 of this title.

(Pub. L. 95-511, title III, Sec. 303, as added Pub. L. 103-359, title 
VIII, Sec. 807(a)(3), Oct. 14, 1994, 108 Stat. 3446.)


               Officials Designated To Make Certifications

    For provisions listing officials designated by President to make 
certifications required by subsec. (a)(7) of this section, see Ex. Ord. 
No. 12949, Sec. 3, Feb. 9, 1995, 60 F.R. 8169, set out as a note under 
section 1822 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1822, 1824 of this title.
