When Justice Department review and approval of a proposed application for electronic surveillance is required, the Electronic Surveillance Unit (ESU) of the Criminal Division's Office of Enforcement Operations will conduct the initial review of the necessary pleadings, which include:

1. A. The affidavit of an "investigative or law enforcement officer" of the United States who is empowered by law to conduct investigations of, or to make arrests for, offenses enumerated in 18 U.S.C. § 2516(1) or (3) (which, for any application involving the interception of electronic communications, includes any Federal felony offense), with such affidavit setting forth the facts of the investigation that establish the basis for those probable cause (and other) statements required by Title III to be included in the application;
2. B. The application by any United States Attorney or his/her Assistant, or any other attorney authorized by law to prosecute or participate in the prosecution of offenses enumerated in 18 U.S.C. § 2516(1) or (3) that provides the basis for the court's jurisdiction to sign an order authorizing the requested interception of wire, oral, and/or electronic communications; and
3. C. The order to be signed by the court authorizing the government to intercept, or approving the interception of, the wire, oral, and/or electronic communications that are the subject of the application.
4. D. A completed Title III cover sheet that includes the signature of a supervising attorney who reviewed and approved the Title III papers. As of March 19, 2012, Department policy requires that all Title III submissions be approved by a supervising attorney other than the attorney submitting the application. That supervisory attorney must sign the Title III cover sheet, demonstrating that he or she has reviewed the affidavit, application, and draft order included in the submission packet, and that, in light of the overall investigative plan for the matter, and taking into account applicable Department policies and procedures, he or she supports the request and approves of it. The Title III cover sheet, with a space for the supervisor's signature, may be found on ESU's DOJNet site.

[revised January 2020]