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 use 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-