; and (2) the plan developed and published by the Court under this subsection shall be deemed to be enacted on the date on which the Court publishes the plan. (b) Procedures for Development of Plan (1) Criteria It is the sense of Congress that, in developing a redistricting plan for a State under this section, the Court should adhere to the same terms and conditions that applied (or that would have applied, as the case may be) to the development of a plan by the independent redistricting commission of the State under section 3203(a). (2) Access to information and records of commission The Court shall have access to any information, data, software, or other records and material that was used (or that would have been used, as the case may be) by the independent redistricting commission of the State in carrying out its duties under this title. (c) Triggering Events Described The triggering events described in this subsection are as follows: (1) The failure of the State to establish or designate a nonpartisan agency of the State legislature under section 204(a) prior to the expiration of the deadline set forth in section 3204(a)(5). (2) The failure of the State to appoint a Select Committee on Redistricting under section 3204(b) prior to the expiration of the deadline set forth in section 3204(b)(4). (3) The failure of the Select Committee on Redistricting to approve any selection pool under section 3202 prior to the expiration of the deadline set forth for the approval of the second replacement selection pool in section 3202(d)(2). (4) The failure of the independent redistricting commission of the State to approve a final redistricting plan for the State prior to the expiration of the deadline set forth in section 3203(e). 3302. Special rule for redistricting conducted under order of Federal court If a Federal court requires a State to conduct redistricting subsequent to an apportionment of Representatives in the State in order to comply with the Constitution or to enforce the Voting Rights Act of 1965, section 3203