; or (B) property or premises under the open and exclusive control of a foreign power, as defined in paragraph (1), (2), or (3) of section 101(a). ; and (3) in section 105 ( 50 U.S.C. 1805 ), by adding at the end the following: (k) (1) A judge having jurisdiction under section 103 may issue an order under this section that authorizes the use of a cell-site simulator only if the applicant— (A) demonstrates that other investigative procedures, including electronic location tracking methods that solely collect records of the investigative target— (i) have been tried and have failed; or (ii) reasonably appear to be— (I) unlikely to succeed if tried; or (II) too dangerous; (B) specifies the likely area of effect of the cell-site simulator to be used and the time that the cell-site simulator will be in operation; (C) certifies that the requested area of effect and time of operation are the narrowest reasonably possible to obtain the necessary information; (D) specifies the procedures in place to ensure that information unrelated to the target of the application will be promptly destroyed; and (E) demonstrates that the requested use of a cell-site simulator would be in compliance with applicable provisions of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) and the rules of the Federal Communications Commission. (2) In any application for an order under this section authorizing the use of a cell-site simulator, the applicant shall include the following: (A) A disclosure of any potential disruption of the ability of the subject of the surveillance or bystanders to use commercial mobile radio services or private mobile services, including using advanced communications services, to make or receive, as applicable— (i) emergency calls (including 9–1–1 calls)