Page:United States Statutes at Large Volume 122.djvu/2465

 12 2 STA T . 2 4 42 PUBLIC LA W 11 0– 2 6 1 —J UL Y 10, 200 8aside s uch di r ec t i v e w ith the Fo rei gnI nte l ligence S urveil - lance C ourt , which shall have j urisdiction to review such p etition .‘ ‘ (B)AS S IGNME N T . —T he presiding judge o f the Court shall assign a petition filed under su b paragraph (A) to 1 of the judges serving in the pool established under section 1 03 (e)(1) not later than 24 hours after the filing of such petition. ‘‘(C) ST A N D A R DS FO RRE V IE W .—A judge considering a petition filed under subparagraph (A) m a y grant such peti- tion only if the judge finds that the directive does not meet the re q uirements of this section, or is otherwise unlawful. ‘‘( D ) P RO C ED U RES FOR INITIA L REVIEW.—A judge shall conduct an initial review of a petition filed under subpara- graph (A) not later than 5 days after being assigned such petition. If the judge determines that such petition does not consist of claims, defenses, or other legal contentions that are warranted by e x isting law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law, the judge shall imme- diately deny such petition and affirm the directive or any part of the directive that is the subject of such petition and order the recipient to comply with the directive or any part of it. U pon ma k ing a determination under this subparagraph or promptly thereafter, the judge shall pro- vide a written statement for the record of the reasons for such determination. ‘‘( E ) PROCEDURES FOR P LENAR Y REVIEW.—If a judge determines that a petition filed under subparagraph (A) requires plenary review, the judge shall affirm, modify, or set aside the directive that is the subject of such petition not later than 30 days after being assigned such petition. If the judge does not set aside the directive, the judge shall immediately affirm or affirm with modifications the directive, and order the recipient to comply with the direc- tive in its entirety or as modified. The judge shall provide a written statement for the record of the reasons for a determination under this subparagraph. ‘‘(F) CONTINUED EFFECT.—Any directive not explicitly modified or set aside under this paragraph shall remain in full effect. ‘‘( G ) CONTEMPT OF COURT.—Failure to obey an order issued under this paragraph may be punished by the Court as contempt of court. ‘‘(5) ENFORCEMENT OF DIRECTIVES.— ‘‘(A) O RDER TO COMPEL.—If an electronic communica- tion service provider fails to comply with a directive issued pursuant to paragraph (1), the Attorney General may file a petition for an order to compel the electronic communica- tion service provider to comply with the directive with the Foreign Intelligence Surveillance Court, which shall have jurisdiction to review such petition. ‘‘(B) ASSIGNMENT.—The presiding judge of the Court shall assign a petition filed under subparagraph (A) to 1 of the judges serving in the pool established under section Deadlin e .R e cor d s . Deadline. Records. Deadline. Deadline.

�