Sec. 108. Effective date
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The amendments made by sections 101 through 107 shall take effect no later than the date that is 1 year after the date of the enactment of this Act as follows: The amendments made by sections 101 through 107 shall take effect on the date that is 180 days after the date of the enactment of this Act unless the President certifies to the appropriate committees of Congress that the transition from the existing procedures for the production of business records under title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq. ), as in effect prior to the effective date for the amendments made by section 101 through 107, to the new procedures, as amended by sections 101 through 107, is not sufficiently operational to allow the timely retrieval of foreign intelligence information from recipients of an order under section 501 of such Act.
If the President makes a certification described in paragraph (1), the amendment made by sections 101 through 107 shall take effect on the date, that may be up to 1 year after the date of the enactment of this Act, that the President determines that the transition referred to in such paragraph is sufficiently operational to allow the timely retrieval of foreign intelligence information from recipients of an order under section 501 of such Act. If the President makes a certification under paragraph
(1)and does not determine an effective date under paragraph (2), the amendments made by sections 101 through 107 shall take effect on the date that is 1 year after the date of the enactment of this Act. Nothing in this Act, or any amendment made by this Act, shall be construed to alter or eliminate the authority of the Government to obtain an order under title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq. ) as in effect on May 31, 2015, during the period ending on such effective date. Notwithstanding any other provision of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) or this Act or any amendment made by this Act, any order issued or made under title V of the Foreign Intelligence Surveillance Act of 1978 and in effect on May 31, 2015, shall continue in effect until the date of the expiration of such order. Notwithstanding any other provision of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) or this Act or any amendment made by this Act, the order entered by the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803(a) ) on February 26, 2015, in Docket No. BR 15–24, may be extended by order of that court until the effective date established in subsection (a). Information acquired from the call detail records pursuant to an order issued under section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ) prior to the effective date in subsection
(a)may continue to be used after the effective date of this Act, subject to the limitation in subparagraph (B). Any record produced under any order entered by the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803(a) ) on February 26 2015, in Docket No. BR 15–24, or any predecessor order for such an order shall be destroyed no later than 5 years after the date such record was initially collected. Until that time, such a record may be used in accordance with the purpose prescribed and the procedures established in such order. In this section, the term appropriate committees of Congress means— the Committee on the Judiciary and the Select Committee on Intelligence of the Senate; and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives
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