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Code · STATUTE-COMPILATIONS · USA PATRIOT Improvement and Reauthorization Act of 2005 · Sec. 108

Sec. 108. MULTIPOINT ELECTRONIC SURVEILLANCE UNDER SECTION 206 OF THE USA PATRIOT ACT

654 words·~3 min read·/statute-compilations/comps-10582/sec-108

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## 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 > > > ##### “(D) > > the total number of electronic surveillances that have been or are being conducted under the authority of the order.” > . ###
(c)Enhanced Oversight ####
(1)Report to congress Section 108(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)(1)) is amended by inserting “, and the Committee on the Judiciary of the Senate,” after “Senate Select Committee on Intelligence”. ####
(2)Modification of semiannual report requirement on activities under foreign intelligence surveillance act of 1978 Paragraph
(2)of section 108(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)) is amended to read as follows: > > #### “(2) > > Each report under the first sentence of paragraph
(1)shall include a description of— > > > ##### “(A) > > the total number of applications made for orders and extensions of orders approving electronic surveillance under this title where the nature and location of each facility or place at which the electronic surveillance will be directed is unknown; > > > ##### “(B) > > each criminal case in which information acquired under this Act has been authorized for use at trial during the period covered by such report; and > > > ##### “(C) > > the total number of emergency employments of electronic surveillance under section 105(f) and the total number of subsequent orders approving or denying such electronic surveillance.” > .
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