Page:United States Statutes at Large Volume 92 Part 2.djvu/510

 92 STAT. 1790

PUBLIC LAW 95-511—OCT. 25, 1978 and (11) of subsection (a), but shall state whether physical entry is required to effect the surveillance and shall contain such information about the surveillance techniques and communications or other information concerning United States persons likely to be obtained as may be necessary to assess the proposed minimization procedures. (c) The Attorney General may require any other affidavit or certification from any other officer in connection with the application. (d) The judge may require the applicant to furnish such other information as may be necessary to make the determinations required by section 105. ISSUANCE o r A N ORDER

50 USC 1805.

SEC. 105. (a) Upon an application made pursuant to section 104, the judge shall enter an ex parte order as requested or as modified approving the electronic surveillance if he finds that— (1) the President has authorized the Attorney General to approve applications for electronic surveillance for foreign intelligence information; (2) the application has been made by a Federal officer and approved by the Attorney General; (3) on the basis of the facts submitted by the applicant there is probable cause to believe that— (A) the target of the electronic surveillance is a foreign power or an agent of a foreign power: Provided, That no United States person may be considered a foreign power or an agent of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and (B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power; (4) the proposed minimization procedures meet the definition of minimization procedures under section 101(h); and (5) the application which has been filed contains all statements and certifications required by section 104 and, if the target is a United States person, the certification or certifications are not clearly erroneous on the basis of the statement made under section 104(a)(7)(E) and any other information furnished under section 104(d). (b) An order approving an electronic surveillance under this section shall— (1) specify— (A) the identity, if known, or a description of the target of the electronic surveillance; (B) the nature and location of each of the facilities or places at which the electronic surveillance will be directed; ' (C) the type of information sought to be acquired and the type of communications or activities to be subjected to the surveillance; (D) the means by which the electronic surveillance will be effected and whether physical entry will be used to effect the surveillance; » (E) the period of time during which the electronic surveillance is approved; and (F) whenever more than one electronic, mechanical, or other surveillance device is to be used under the order, the authorized coverage of the devices involved and what minimi-

�