Page:United States Statutes at Large Volume 108 Part 4.djvu/813

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PUBLIC LAW 103-359 —(3CT. 14, 1994 108 STAT. 3447 "(8) where the physical search involves a search of the residence of a United States person, the Attorney GrenergJ shall state what investigative techniques have previously been utilized to obtain the foreign intelligence information concerned and the degree to which these techniques resulted in acquiring such information; and "(9) a statement of the facts concerning all previous applications that have been made to any judge under this title involving any of the persons, premises, or property specified in the application, and the action taken on each previous application. "(b) The Attorney General may require any other affidavit or certification from any other officer in connection with the application. "(c) The judge may require the applicant to furnish such other information as may be necessary to make the determinations required by section 304. "ISSUANCE OF AN ORDER "SEC. 304. (a) Upon an application made pursuant to section 50 USC 1824. 303, the judge shall enter an ex parte order as requested or as modified approving the physical search if the judge finds that— "(1) the President has authorized the Attorney General to approve applications for physical searches for foreign intelligence purposes; "(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 physical search is a foreign power or an agent of a foreign power, except that no United States person may be considered 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) the premises or property to be searched is owned, used, possessed by, or is in transit to or from an agent of a foreign power or a foreign power; "(4) the proposed minimization procedures meet the definition of minimization contained in this title; and "(5) the application which has been filed contains all statements and certifications required by section 303, 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 303(a)(7)(E) and any other information furnished under section 303(c). "(b) An order approving a physical search under this section shall— " (1) specify— "(A) the identity, if known, or a description of the target of the physical search; "(B) the nature and location of each of the premises or property to be searched; "(C) the type of information, material, or property to be seized, altered, or reproduced; "(D) a statement of the manner in which the physical w v search is to be conducted and, whenever more than one. r/ physical search is authorized under the order, the author-