Page:United States Statutes at Large Volume 120.djvu/234

 PUBLIC LAW 109–177—MAR. 9, 2006

120 STAT. 203

‘‘(4) the term ‘governmental entity’ means a department or agency of the United States or any State or political subdivision thereof.’’. (c) ADDITIONAL EXCEPTION.—Section 2702(a) of title 18, United States Code, is amended by inserting ‘‘or (c)’’ after ‘‘Except as provided in subsection (b)’’. SEC. 108. MULTIPOINT ELECTRONIC SURVEILLANCE UNDER SECTION 206 OF THE USA PATRIOT ACT.

(a) INCLUSION OF SPECIFIC FACTS IN APPLICATION.— (1) APPLICATION.—Section 104(a)(3) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804(a)(3)) is amended by inserting ‘‘specific’’ after ‘‘description of the’’. (2) ORDER.—Subsection (c) of section 105 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)) is amended— (A) in paragraph (1)(A) by striking ‘‘target of the electronic surveillance’’ and inserting ‘‘specific target of the electronic surveillance identified or described in the application pursuant to section 104(a)(3)’’; and (B) in paragraph (2)(B), by striking ‘‘where the Court finds’’ and inserting ‘‘where the Court finds, based upon specific facts provided in the application,’’. (b) ADDITIONAL DIRECTIONS.—Such subsection is further amended— (1) by striking ‘‘An order approving’’ and all that follows through ‘‘specify’’ and inserting ‘‘(1) SPECIFICATIONS.—An order approving an electronic surveillance under this section shall specify’’; (2) in paragraph (1)(F), by striking ‘‘; and’’ and inserting a period; (3) in paragraph (2), by striking ‘‘direct’’ and inserting ‘‘DIRECTIONS.—An order approving an electronic surveillance under this section shall direct’’; and (4) by adding at the end the following new paragraph: ‘‘(3) SPECIAL DIRECTIONS FOR CERTAIN ORDERS.—An order approving an electronic surveillance under this section in circumstances where the nature and location of each of the facilities or places at which the surveillance will be directed is unknown shall direct the applicant to provide notice to the court within ten days after the date on which surveillance begins to be directed at any new facility or place, unless the court finds good cause to justify a longer period of up to 60 days, of— ‘‘(A) the nature and location of each new facility or place at which the electronic surveillance is directed; ‘‘(B) the facts and circumstances relied upon by the applicant to justify the applicant’s belief that each new facility or place at which the electronic surveillance is directed is or was being used, or is about to be used, by the target of the surveillance; ‘‘(C) a statement of any proposed minimization procedures that differ from those contained in the original application or order, that may be necessitated by a change in the facility or place at which the electronic surveillance is directed; and

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