§1805c. Submission to court review of procedures

(a) Time of submission to court

No later than 120 days after the effective date of this Act, the Attorney General shall submit to the Court ¹ established under section 1803(a) of this title, the procedures by which the Government determines that acquisitions conducted pursuant to section 1805b of this title do not constitute electronic surveillance. The procedures submitted pursuant to this section shall be updated and submitted to the Court on an annual basis.

(b) Time for court assessment of Government determination

No later than 180 days after the effective date of this Act, the court established under section 1803(a) of this title shall assess the Government's determination under section 1805b(a)(1) of this title that those procedures are reasonably designed to ensure that acquisitions conducted pursuant to section 1805b of this title do not constitute electronic surveillance. The court's review shall be limited to whether the Government's determination is clearly erroneous.

(c) Orders

If the court concludes that the determination is not clearly erroneous, it shall enter an order approving the continued use of such procedures. If the court concludes that the determination is clearly erroneous, it shall issue an order directing the Government to submit new procedures within 30 days or cease any acquisitions under section 1805b of this title that are implicated by the court's order.

(d) Government appeals

The Government may appeal any order issued under subsection (c) to the court established under section 1803(b) of this title. If such court determines that the order was properly entered, the court shall immediately provide for the record a written statement of each reason for its decision, and, on petition of the United States for a writ of certiorari, the record shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision. Any acquisitions affected by the order issued under subsection (c) of this section may continue during the pendency of any appeal, the period during which a petition for writ of certiorari may be pending, and any review by the Supreme Court of the United States.

(Pub. L. 95–511, title I, §105C, as added Pub. L. 110–55, §3, Aug. 5, 2007, 121 Stat. 555 .)

Termination of Section

For termination of section by section 6(c) of Pub. L. 110–55, see Effective and Termination Dates note below.

References in Text

The effective date of this Act, referred to in subsecs. (a) and (b), probably means the effective date of Pub. L. 110–55. See section 6(a) of Pub. L. 110–55, set out in an Effective and Termination Dates of 2007 Amendment note under section 1803 of this title.

Effective and Termination Dates

Except as otherwise provided, section effective immediately after Aug. 5, 2007 and to cease to have effect 180 days after Aug. 5, 2007, see section 6 of Pub. L. 110–55, set out as an Effective and Termination Dates of 2007 Amendment note under section 1803 of this title.

¹ So in original. Probably should not be capitalized.