12 2 STA T . 2 4 4 5PUBLIC LA W 11 0– 2 6 1 —J UL Y 10 , 200 8‘ ‘ (i i )ceas e ,orn o tb e g in, t h ei mpl ementation o f the a u thori z ation for w hich such certification was sub - mitte d. ‘‘( C ) REQUIR E M E NTFO R W RITTEN S T A TEMENT. —I n sup- port of an order under this subsection, the Court shall pro v ide, simultaneousl y with the order, for the record a written statement of the reasons for the order. ‘‘( 4 ) AP PEA L .— ‘‘(A) APPEAL TO T H E C OURT OF RE V IEW.— T he G overn- ment may file a petition with the F oreign Intelligence S urveillance Court of Review for review of an order under this subsection. The Court of Review shall have j urisdiction to consider such petition. For any decision under this subparagraph affirming, reversing, or modifying an order of the Foreign Intelligence Surveillance Court, the Court of Review shall provide for the record a written statement of the reasons for the decision. ‘‘( B ) CONTINUATION OF ACQUISITION PEN D IN G REHEARING OR APPEAL.—Any ac q uisition affected by an order under paragraph ( 3 )(B) may continue— ‘‘(i) during the pendency of any rehearing of the order by the Court en banc
and ‘‘(ii) if the Government files a petition for review of an order under this section, until the Court of Review enters an order under subparagraph (C). ‘‘(C) IMPLEMENTATION PENDING APPEAL.— N ot later than 60 days after the filing of a petition for review of an order under paragraph (3)(B) directing the correction of a deficiency, the Court of Review shall determine, and enter a corresponding order regarding, whether all or any part of the correction order, as issued or modified, shall be implemented during the pendency of the review. ‘‘( D ) CERTIORARI TO THE SUPREME COURT.—The Govern- ment may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under subpara- graph (A). The record for such review shall be transmitted under seal to the Supreme Court of the U nited States, which shall have jurisdiction to review such decision. ‘‘( 5 ) SCHEDULE.— ‘‘(A) REAUTHORI Z ATION OF AUTHORIZATIONS IN EFFECT.—If the Attorney General and the Director of National Intelligence see k to reauthorize or replace an authorization issued under subsection (a), the Attorney General and the Director of National Intelligence shall, tothee x tent practicable, submit to the Court the certifi- cation prepared in accordance with subsection (g) and the procedures adopted in accordance with subsections (d) and (e) at least 30 days prior to the expiration of such authoriza- tion. ‘‘(B) REAUTHORIZATION OF ORDERS, AUTHORIZATIONS, AND DIRECTIVES.—If the Attorney General and the Director of National Intelligence seek to reauthorize or replace an authorization issued under subsection (a) by filing a certifi- cation pursuant to subparagraph (A), that authorization, and any directives issued thereunder and any order related thereto, shall remain in effect, notwithstanding the expira- tion provided for in subsection (a), until the Court issues Ap p licab ili ty.De a d li n e. R ec or d s . Deadline. Records. Records.
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