Page:United States Statutes at Large Volume 100 Part 3.djvu/49

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-508—OCT. 21, 1986

100 STAT. 1857

(2) Section 2518(3)(d) of title 18 of the United States Code is amended by inserting "except as provided in subsection (11)," before "there is". (3) Section 2518 of title 18 of the United States Code is amended by adding at the end the following: "(11) The requirements of subsections (l)(b)(ii) and (3)(d) of this section relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if— "(a) in the case of an application with respect to the intercepts tion of an oral communication— "(i) the application is by a Federal investigative or law enforcement officer and is approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, an Assistant Attorney General, or an acting Assistant Attorney General; "(ii) the application contains a full and complete statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted; and "(iii) the judge finds that such specification is not practical; and "(b) in the case of an application with respect to a wire or electronic communication— "(i) the application is by a Federal investigative or law enforcement officer and is approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, an Assistant Attorney General, or an acting Assistant Attorney General; "(ii) the application identifies the person believed to be ) committing the offense and whose communications are to be intercepted and the applicant makes a showing of a 5, purpose, on the part of that person, to thwart interception %L,. by changing facilities; and "(iii) the judge finds that such purpose has been adequately shown. "(12) An interception of a communication under an order with respect to which the requirements of subsections (l)(b)(ii) and (3)(d) of this section do not apply by reason of subsection (11) shall not begin until the facilities from which, or the place where, the communication is to be intercepted is giscertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided for in subsection (ll)(b) may move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the government, shall decide such a motion expeditiously.". (4) Section 2519(l)(b) of title 18, United States Code, is amended by inserting "(including whether or not the order was an order with respect to which the requirements of sections 2518(l)(b)(ii) and 2518(3)(d) of this title did not apply by reason of section 2518(11) of this title)" after "applied for".

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