Page:United States Statutes at Large Volume 122.djvu/2472

 12 2 STA T . 2 4 4 9PUBLIC LA W 11 0– 2 6 1 —J UL Y 10, 200 8‘ ‘ (i)aperson reasona bly belie v e dt obelo c ated o u t - side t h e U nited S tates and ‘‘(ii) a f orei g npo w er , an agent of a foreign power, or an officer or e m ployee of a foreign power; ‘‘( D ) a statement of proposed minimi z ation procedures that meet the definition of minimization procedures under section 10 1(h) or 3 01( 4 ), as appropriate; ‘‘( E ) a description of the nature of the information sought and the type of communications or activities to be sub j ected to ac q uisition; ‘‘( F ) a certification made by the A ttorney G eneral or an official specified in section 104(a)( 6 ) that — ‘‘(i) the certifying official deems the information sought to be foreign intelligence information; ‘‘(ii) a significant purpose of the acquisition is to obtain foreign intelligence information; ‘‘(iii) such information cannot reasonably be obtained by normal investigative techniques; ‘‘(iv) designates the type of foreign intelligence information being sought according to the categories described in section 101(e); and ‘‘(v) includes a statement of the basis for the certifi- cation that— ‘‘( I ) the information sought is the type of for- eign intelligence information designated; and ‘‘(II) such information cannot reasonably be obtained by normal investigative techniques; ‘‘(G) a summary statement of the means by which the acquisition will be conducted and whether physical entry is required to effect the acquisition; ‘‘( H ) the identity of any electronic communication service provider necessary to effect the acquisition, provided that the application is not required to identify the specific facilities, places, premises, or property at which the acquisi- tion authorized under this section will be directed or con- ducted; ‘‘(I) a statement of the facts concerning any previous applications that have been made to any judge of the Foreign Intelligence Surveillance C ourt involving the United States person specified in the application and the action ta k en on each previous application; and ‘‘( J ) a statement of the period of time for which the acquisition is required to be maintained, provided that such period of time shall not e x ceed 9 0 days per application . ‘‘( 2 ) OTHER RE QUI RE M E N T SOF THE A TTORNE YG ENERA L .— T he Attorney General may require any other affidavit or certifi- cation from any other officer in connection with the application. ‘‘(3) OTHER REQUIREMENTS OF THE J U D GE.—The judge may require the applicant to furnish such other information as may be necessary to make the findings required by subsection (c)(1). ‘‘(c) ORDER.— ‘‘(1) FINDINGS.—Upon an application made pursuant to sub- section (b), the Foreign Intelligence Surveillance Court shall enter an ex parte order as requested or as modified by the Court approving the acquisition if the Court finds that—

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