Page:United States Statutes at Large Volume 122.djvu/2477

 12 2 STA T . 2 45 4 PUBLIC LA W 11 0– 2 6 1 —J UL Y 10, 200 8crite ri a a nd re qu ire m ent sof suc h a p p l ication as set forth in this section and shall include —‘ ‘ (1) the identit y of the F ederal officer ma k in g the applica - tion ‘‘( 2 ) the identity , if kno w n, or a description of the specific U nited S tates person who is the target of the acquisition; ‘‘( 3 ) a statement of the facts and circumstances relied upon to j ustify the applicant ’ s b elief that the United States person who is the target of the acquisition is— ‘‘( A ) a person reasonably belie v ed to be located outside the United States; and ‘‘( B ) a foreign power, an agent of a foreign power, or an officer or employee of a foreign power; ‘‘( 4 ) a statement of proposed minimi z ation procedures that meet the definition of minimization procedures under section 1 0 1(h) or 301(4), as appropriate; ‘‘( 5 ) a certification made by the Attorney G eneral, an official specified in section 104(a)( 6 ), or the head of an element of the intelligence community that— ‘‘(A) the certifying official deems the information sought to be foreign intelligence information; and ‘‘(B) a significant purpose of the acquisition is to obtain foreign intelligence information; ‘‘(6) a statement of the facts concerning any previous applications that have been made to any judge of the Foreign I ntelligence Surveillance C ourt involving the United States per- son specified in the application and the action taken on each previous application; and ‘‘( 7 ) a statement of the period of time for which the acquisi- tion is required to be maintained, provided that such period of time shall not e x ceed 9 0 days per application . ‘‘(c) ORDE R.— ‘‘(1) F IN DIN GS .—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 if the Court finds that— ‘‘(A) the application has been made by a Federal officer and approved by the Attorney General; ‘‘(B) on the basis of the facts submitted by the applicant, for the United States person who is the target of the acquisition, there is probable cause to believe that the target is— ‘‘(i) a person reasonably believed to be located out- side the United States; and ‘‘(ii) a foreign power, an agent of a foreign power, or an officer or employee of a foreign power; ‘‘(C) the proposed minimization procedures, with respect to their dissemination provisions, meet the defini- tion of minimization procedures under section 101(h) or 301(4), as appropriate; and ‘‘( D ) the application that has been filed contains all statements and certifications required by subsection (b) and the certification provided under subsection (b)(5) is not clearly erroneous on the basis of the information fur- nished under subsection (b). ‘‘(2) P R OBA B L E C A U SE.—In determining whether or not probable cause exists for purposes of paragraph (1)(B), a judge

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