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-
The Attorney General may require any other affidavit or certification from any other officer in connection with the application.
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.
50 U.S.C. § 1804
EDITORIAL NOTES
AMENDMENTS2010-Subsec. (e)(1)(A). Pub. L. 111-259 made technical amendment to directory language of Pub. L. 108-458, §1071(e). See 2004 Amendment note below. 2008-Subsec. (a)(2) to (4). Pub. L. 110-261, §104(1)(A), (B), redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: "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;".Subsec. (a)(5). Pub. L. 110-261, §104(1)(B), (C), redesignated par. (6) as (5) and struck out "detailed" before "description". Former par. (5) redesignated (4). Subsec. (a)(6). Pub. L. 110-261, §104(1)(B), (D), redesignated par. (7) as (6) and substituted "Affairs," for "Affairs or" and "Senate, or the Deputy Director of the Federal Bureau of Investigation, if designated by the President as a certifying official-" for "Senate-" in introductory provisions. Former par. (6) redesignated (5).Subsec. (a)(7). Pub. L. 110-261, §104(1)(B), (E), redesignated par. (8) as (7) and substituted "summary statement of" for "statement of". Former par. (7) redesignated (6). Subsec. (a)(8) to (11). Pub. L. 110-261, §104(1)(A), (B), redesignated pars. (9) and (10) as (8) and (9), respectively, and struck out par. (11) which read as follows: "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." Former par. (8) redesignated (7).Subsecs. (b) to (e). Pub. L. 110-261, §104(2)-(4), redesignated subsecs. (c) to (e) as (b) to (d), respectively, in subsec. (d)(1)(A) substituted "the Director of National Intelligence, or the Director of the Central Intelligence Agency" for "or the Director of National Intelligence", and struck out former subsec. (b) which related to exclusion of certain information respecting foreign power targets.2006-Subsec. (a)(3). Pub. L. 109-177 inserted "specific" before "target". 2004-Subsec. (e)(1)(A). Pub. L. 108-458, §1071(e), as amended by Pub. L. 111-259 substituted "Director of National Intelligence" for "Director of Central Intelligence". 2001-Subsec. (a)(7)(B). Pub. L. 107-56 substituted "a significant purpose" for "the purpose". 2000-Subsec. (e). Pub. L. 106-567 added subsec. (e).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110-261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110-261 set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110-261 set out as an Effective Date of 2008 Amendment note under section 1801 of this title.
EFFECTIVE DATE OF 2004 AMENDMENTFor Determination by President that amendment by Pub. L. 108-458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458 set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
EXECUTIVE DOCUMENTS
DESIGNATION OF CERTAIN OFFICIALS TO MAKE CERTIFICATIONSFor 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.