Page:United States Statutes at Large Volume 108 Part 4.djvu/812

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


108 STAT. 3446 PUBLIC LAW 103-359—OCT. 14, 1994 transmitted under seal to the Supreme Court, which shall have jurisdiction to review such decision. "(e) Judicial proceedings under this title shall be concluded as expeditiously as possible. The record of proceedings under this title, including applications made and orders granted, shall be maintained under security measures established by the Chief Justice of the United States in consultation with the Attorney General and the Director of Central Intelligence. "APPLICATION FOR AN ORDER 50 USC 1823. "SEC. 303. (a) Each application for an order approving a physical search under this title 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 title. 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 101(e); and "(E) includes a statement explaining the basis for the certifications required by subparagraphs (C) and (D);