ALB18075 S.L.C. 115TH CONGRESS 2D SESSION S. ll To amend title 18, United States Code, to improve law enforcement access to data stored across borders, and for other purposes. IN THE SENATE OF THE UNITED STATES llllllllll Mr. HATCH (for himself, Mr. COONS, Mr. GRAHAM, and Mr. WHITEHOUSE) introduced the following bill; which was read twice and referred to the Committee on llllllllll A BILL To amend title 18, United States Code, to improve law enforcement access to data stored across borders, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 4 SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Clarifying Lawful 5 Overseas Use of Data Act’’ or the ‘‘CLOUD Act’’. 6 7 SEC. 2. CONGRESSIONAL FINDINGS. Congress finds the following: 8 (1) Timely access to electronic data held by 9 communications-service providers is an essential ALB18075 S.L.C. 2 1 component of government efforts to protect public 2 safety and combat serious crime, including ter- 3 rorism. 4 (2) Such efforts by the United States Govern- 5 ment are being impeded by the inability to access 6 the content of data stored outside the United States 7 that is in the custody, control, or possession of com- 8 munications-service providers that are subject to ju- 9 risdiction of the United States. 10 (3) Foreign governments also increasingly seek 11 access to electronic data held by communications- 12 service providers in the United States for the pur- 13 pose of combating serious crime. 14 (4) Communications-service providers face po- 15 tential conflicting legal obligations when a foreign 16 government orders production of electronic data that 17 United States law may prohibit providers from dis- 18 closing. 19 (5) Foreign law may create similarly conflicting 20 legal obligations when chapter 121 of title 18, 21 United States Code (commonly known as the ‘‘ 22 Stored Communications Act’’), requires disclosure of 23 electronic data that foreign law prohibits commu- 24 nications-service providers from disclosing. ALB18075 S.L.C. 3 1 (6) International agreements provide a mecha- 2 nism for resolving these potential conflicting legal 3 obligations where the United States and the relevant 4 foreign government share a common commitment to 5 the rule of law and the protection of privacy and 6 civil liberties. 7 8 9 SEC. 3. PRESERVATION OF RECORDS; COMITY ANALYSIS OF LEGAL PROCESS. (a) REQUIRED PRESERVATION AND DISCLOSURE OF 10 COMMUNICATIONS AND RECORDS.— 11 (1) AMENDMENT.—Chapter 121 of title 18, 12 United States Code, is amended by adding at the 13 end the following: 14 ‘‘§ 2713. Required preservation and disclosure of com15 16 munications and records ‘‘A provider of electronic communication service or 17 remote computing service shall comply with the obligations 18 of this chapter to preserve, backup, or disclose the con19 tents of a wire or electronic communication and any record 20 or other information pertaining to a customer or sub21 scriber within such provider’s possession, custody, or con22 trol, regardless of whether such communication, record, or 23 other information is located within or outside of the 24 United States.’’. ALB18075 S.L.C. 4 1 (2) TABLE OF SECTIONS.—The table of sections 2 for chapter 121 of title 18, United States Code, is 3 amended by inserting after the item relating to sec- 4 tion 2712 the following: ‘‘2713. Required preservation and disclosure of communications and records.’’. 5 (b) COMITY ANALYSIS 6 CONTENTS 7 OF TION.—Section WIRE OF OR LEGAL PROCESS SEEKING ELECTRONIC COMMUNICA- 2703 of title 18, United States Code, is 8 amended by adding at the end the following: 9 ‘‘(h) COMITY ANALYSIS 10 MATION 11 TENTS OF 12 13 14 AND DISCLOSURE OF INFOR- REGARDING LEGAL PROCESS SEEKING CONWIRE OR ELECTRONIC COMMUNICATION.— ‘‘(1) DEFINITIONS.—In this subsection— ‘‘(A) the term ‘qualifying foreign government’ means a foreign government— 15 ‘‘(i) with which the United States has 16 an executive agreement that has entered 17 into force under section 2523; and 18 ‘‘(ii) the laws of which provide to elec- 19 tronic communication service providers and 20 remote computing service providers sub- 21 stantive and procedural opportunities simi- 22 lar to those provided under paragraphs (2) 23 and (5); and 24 ‘‘(B) the term ‘United States person’ has 25 the meaning given the term in section 2523. ALB18075 S.L.C. 5 1 ‘‘(2) MOTIONS TO QUASH OR MODIFY.—(A) A 2 provider of electronic communication service to the 3 public or remote computing service, that is being re- 4 quired to disclose pursuant to legal process issued 5 under this section the contents of a wire or elec- 6 tronic communication of a subscriber or customer, 7 may file a motion to modify or quash the legal proc- 8 ess where the provider reasonably believes— 9 10 ‘‘(i) that the customer or subscriber is not a United States person; and 11 ‘‘(ii) that the required disclosure would 12 create a material risk that the provider would 13 violate the laws of a qualifying foreign govern- 14 ment. 15 Such a motion shall be filed not later than 14 16 days after the date on which the provider was 17 served with the legal process, absent agreement 18 with the government or permission from the 19 court to extend the deadline based on an appli- 20 cation made within the 14 days. The right to 21 move to quash is without prejudice to any other 22 grounds to move to quash or defenses thereto, 23 but it shall be the sole basis for moving to 24 quash on the grounds of a conflict of law re- 25 lated to a qualifying foreign government. ALB18075 S.L.C. 6 1 ‘‘(B) Upon receipt of a motion filed pursuant to 2 subparagraph (A), the court shall afford the govern- 3 mental entity that applied for or issued the legal 4 process under this section the opportunity to re- 5 spond. The court may modify or quash the legal 6 process, as appropriate, only if the court finds 7 that— 8 ‘‘(i) the required disclosure would cause 9 the provider to violate the laws of a qualifying 10 foreign government; 11 ‘‘(ii) based on the totality of the cir- 12 cumstances, the interests of justice dictate that 13 the legal process should be modified or quashed; 14 and 15 ‘‘(iii) the customer or subscriber was not a 16 United States person. 17 ‘‘(3) COMITY ANALYSIS.—For purposes of mak- 18 ing a determination under paragraph (2)(B)(ii), the 19 court shall take into account, as appropriate— 20 ‘‘(A) the interests of the United States, in- 21 cluding the investigative interests of the govern- 22 mental entity seeking to require the disclosure; 23 ‘‘(B) the interests of the qualifying foreign 24 government in preventing any prohibited disclo- 25 sure; ALB18075 S.L.C. 7 1 ‘‘(C) the likelihood, extent, and nature of 2 penalties to the provider or any employees of 3 the provider as a result of inconsistent legal re- 4 quirements imposed on the provider; 5 ‘‘(D) the location and nationality of the 6 subscriber or customer whose communications 7 are being sought, if known, and the nature and 8 extent of the subscriber or customer’s connec- 9 tion to the United States, or if the legal process 10 has been sought on behalf of a foreign authority 11 pursuant to section 3512, the nature and extent 12 of the subscriber or customer’s connection to 13 the foreign authority’s country; 14 ‘‘(E) the nature and extent of the pro- 15 vider’s ties to and presence in the United 16 States; 17 18 ‘‘(F) the importance of the information to the investigation required to be disclosed; 19 ‘‘(G) the likelihood of timely and effective 20 access to the information through means that 21 cause less serious negative consequences; and 22 ‘‘(H) if the legal process has been sought 23 on behalf of a foreign authority pursuant to 24 section 3512, the investigative interests of the ALB18075 S.L.C. 8 1 foreign authority making the request for assist- 2 ance. 3 ‘‘(4) DISCLOSURE OBLIGATIONS DURING PEND- 4 ENCY OF CHALLENGE.—A 5 serve, but not be obligated to produce, information 6 sought during the pendency of a motion brought 7 under this subsection, unless the court finds that im- 8 mediate production is necessary to prevent any of 9 the adverse results identified in section 2705(a)(2). 10 ‘‘(5) DISCLOSURE service provider shall pre- TO QUALIFYING FOREIGN 11 GOVERNMENT.—(A) 12 tion of a protective order issued under section 2705 13 for a provider of electronic communication service or 14 remote computing service to disclose to the entity 15 within a qualifying foreign government, designated 16 in an executive agreement under section 2523, the 17 fact of the existence of legal process issued under 18 this section seeking the contents of a wire or elec- 19 tronic communication of a customer or subscriber 20 who is a national or resident of the qualifying for- 21 eign government. It shall not constitute a viola- 22 ‘‘(B) Nothing in this paragraph shall be con- 23 strued to modify or otherwise affect any other au- 24 thority to make a motion to modify a protective 25 order under section 2705.’’. ALB18075 S.L.C. 9 1 (c) RULE OF CONSTRUCTION.—Nothing in this sec- 2 tion, or an amendment made by this section, shall be con3 strued to modify or otherwise affect the common law 4 standards governing the availability or application of com5 ity analysis to other types of compulsory process. 6 SEC. 4. ADDITIONAL AMENDMENTS TO CURRENT COMMU- 7 8 9 NICATIONS LAWS. Title 18, United States Code, is amended— (1) in chapter 119— 10 11 12 (A) in section 2511(2), by adding at the end the following: ‘‘(j) It shall not be unlawful under this chapter for 13 a provider of electronic communication service to the pub14 lic or remote computing service to intercept or disclose the 15 contents of a wire or electronic communication in response 16 to an order from a foreign government that is subject to 17 an executive agreement that the Attorney General has de18 termined and certified to Congress satisfies section 19 2523.’’; and 20 (B) in section 2520(d), by amending para- 21 graph (3) to read as follows: 22 ‘‘(3) a good faith determination that section 23 2511(3), 2511(2)(i), or 2511(2)(j) of this title per- 24 mitted the conduct complained of;’’; 25 (2) in chapter 121— ALB18075 S.L.C. 10 1 (A) in section 2702— 2 (i) in subsection (b)— 3 (I) in paragraph (8), by striking 4 the period at the end and inserting ‘‘; 5 or’’; and 6 (II) by adding at the end the fol- 7 lowing: 8 ‘‘(9) to a foreign government pursuant to an 9 order from a foreign government that is subject to 10 an executive agreement that the Attorney General 11 has determined and certified to Congress satisfies 12 section 2523.’’; and 13 (ii) in subsection (c)— 14 (I) in paragraph (5), by striking 15 ‘‘or’’ at the end; 16 (II) in paragraph (6), by striking 17 the period at the end and inserting ‘‘; 18 or’’; and 19 (III) by adding at the end the 20 following: 21 ‘‘(7) a foreign government pursuant to an order 22 from a foreign government that is subject to an ex- 23 ecutive agreement that the Attorney General has de- 24 termined and certified to Congress satisfies section 25 2523.’’; and ALB18075 S.L.C. 11 1 (B) in section 2707(e), by amending para- 2 graph (3) to read as follows: 3 ‘‘(3) a good faith determination that section 4 2511(3), section 2702(b)(9), or section 2702(c)(7) 5 of this title permitted the conduct complained of;’’; 6 and 7 (3) in chapter 206— 8 (A) in section 3121(a), by inserting before 9 the period at the end the following: ‘‘or an 10 order from a foreign government that is subject 11 to an executive agreement that the Attorney 12 General has determined and certified to Con- 13 gress satisfies section 2523’’; and 14 15 16 17 (B) in section 3124— (i) by amending subsection (d) to read as follows: ‘‘(d) NO CAUSE OF ACTION AGAINST A PROVIDER 18 DISCLOSING INFORMATION UNDER THIS CHAPTER.—No 19 cause of action shall lie in any court against any provider 20 of a wire or electronic communication service, its officers, 21 employees, agents, or other specified persons for providing 22 information, facilities, or assistance in accordance with a 23 court order under this chapter, request pursuant to section 24 3125 of this title, or an order from a foreign government 25 that is subject to an executive agreement that the Attor- ALB18075 S.L.C. 12 1 ney General has determined and certified to Congress sat2 isfies section 2523.’’; and 3 (ii) by amending subsection (e) to 4 5 read as follows: ‘‘(e) DEFENSE.—A good faith reliance on a court 6 order under this chapter, a request pursuant to section 7 3125 of this title, a legislative authorization, a statutory 8 authorization, or a good faith determination that the con9 duct complained of was permitted by an order from a for10 eign government that is subject to executive agreement 11 that the Attorney General has determined and certified 12 to Congress satisfies section 2523, is a complete defense 13 against any civil or criminal action brought under this 14 chapter or any other law.’’. 15 SEC. 5. EXECUTIVE AGREEMENTS ON ACCESS TO DATA BY 16 17 FOREIGN GOVERNMENTS. (a) IN GENERAL.—Chapter 119 of title 18, United 18 States Code, is amended by adding at the end the fol19 lowing: 20 ‘‘§ 2523. Executive agreements on access to data by 21 foreign governments 22 ‘‘(a) DEFINITIONS.—In this section— 23 ‘‘(1) the term ‘lawfully admitted for permanent 24 residence’ has the meaning given the term in section ALB18075 S.L.C. 13 1 101(a) of the Immigration and Nationality Act (8 2 U.S.C. 1101(a)); and 3 ‘‘(2) the term ‘United States person’ means a 4 citizen or national of the United States, an alien 5 lawfully admitted for permanent residence, an unin- 6 corporated association a substantial number of mem- 7 bers of which are citizens of the United States or 8 aliens lawfully admitted for permanent residence, or 9 a corporation that is incorporated in the United 10 States. 11 ‘‘(b) EXECUTIVE AGREEMENT REQUIREMENTS.— 12 For purposes of this chapter, chapter 121, and chapter 13 206, an executive agreement governing access by a foreign 14 government to data subject to this chapter, chapter 121, 15 or chapter 206 shall be considered to satisfy the require16 ments of this section if the Attorney General, with the con17 currence of the Secretary of State, determines, and sub18 mits a written certification of such determination to Con19 gress, that— 20 ‘‘(1) the domestic law of the foreign govern- 21 ment, including the implementation of that law, af- 22 fords robust substantive and procedural protections 23 for privacy and civil liberties in light of the data col- 24 lection and activities of the foreign government that 25 will be subject to the agreement, if— ALB18075 S.L.C. 14 1 ‘‘(A) such a determination under this sec- 2 tion takes into account, as appropriate, credible 3 information and expert input; and 4 ‘‘(B) the factors to be considered in mak- 5 ing such a determination include whether the 6 foreign government— 7 ‘‘(i) has adequate substantive and pro- 8 cedural laws on cybercrime and electronic 9 evidence, as demonstrated by being a party 10 to the Convention on Cybercrime, done at 11 Budapest November 23, 2001, and entered 12 into force January 7, 2004, or through do- 13 mestic laws that are consistent with defini- 14 tions and the requirements set forth in 15 chapters I and II of that Convention; 16 ‘‘(ii) demonstrates respect for the rule 17 of law and principles of nondiscrimination; 18 ‘‘(iii) adheres to applicable inter- 19 national human rights obligations and 20 commitments or demonstrates respect for 21 international universal human rights, in- 22 cluding— 23 ‘‘(I) protection from arbitrary 24 and unlawful interference with pri- 25 vacy; ALB18075 S.L.C. 15 1 ‘‘(II) fair trial rights; 2 ‘‘(III) freedom of expression, as- 3 sociation, and peaceful assembly; 4 ‘‘(IV) prohibitions on arbitrary 5 arrest and detention; and 6 ‘‘(V) prohibitions against torture 7 and cruel, inhuman, or degrading 8 treatment or punishment; 9 ‘‘(iv) has clear legal mandates and 10 procedures governing those entities of the 11 foreign government that are authorized to 12 seek data under the executive agreement, 13 including procedures through which those 14 authorities collect, retain, use, and share 15 data, and effective oversight of these ac- 16 tivities; 17 ‘‘(v) has sufficient mechanisms to pro- 18 vide accountability and appropriate trans- 19 parency regarding the collection and use of 20 electronic data by the foreign government; 21 and 22 ‘‘(vi) demonstrates a commitment to 23 promote and protect the global free flow of 24 information and the open, distributed, and 25 interconnected nature of the Internet; ALB18075 S.L.C. 16 1 ‘‘(2) the foreign government has adopted appro- 2 priate procedures to minimize the acquisition, reten- 3 tion, and dissemination of information concerning 4 United States persons subject to the agreement; and 5 ‘‘(3) the agreement requires that, with respect 6 to any order that is subject to the agreement— 7 ‘‘(A) the foreign government may not in- 8 tentionally target a United States person or a 9 person located in the United States, and shall 10 adopt targeting procedures designed to meet 11 this requirement; 12 ‘‘(B) the foreign government may not tar- 13 get a non-United States person located outside 14 the United States if the purpose is to obtain in- 15 formation concerning a United States person or 16 a person located in the United States; 17 ‘‘(C) the foreign government may not issue 18 an order at the request of or to obtain informa- 19 tion to provide to the United States Govern- 20 ment or a third-party government, nor shall the 21 foreign government be required to share any in- 22 formation produced with the United States 23 Government or a third-party government; 24 25 ‘‘(D) an order issued by the foreign government— ALB18075 S.L.C. 17 1 ‘‘(i) shall be for the purpose of obtain- 2 ing information relating to the prevention, 3 detection, investigation, or prosecution of 4 serious crime, including terrorism; 5 ‘‘(ii) shall identify a specific person, 6 account, address, or personal device, or 7 any other specific identifier as the object of 8 the order; 9 ‘‘(iii) shall be in compliance with the 10 domestic law of that country, and any obli- 11 gation for a provider of an electronic com- 12 munications service or a remote computing 13 service to produce data shall derive solely 14 from that law; 15 ‘‘(iv) shall be based on requirements 16 for a reasonable justification based on 17 articulable and credible facts, particularity, 18 legality, and severity regarding the conduct 19 under investigation; 20 ‘‘(v) shall be subject to review or over- 21 sight by a court, judge, magistrate, or 22 other independent authority; and 23 ‘‘(vi) in the case of an order for the 24 interception of wire or electronic commu- ALB18075 S.L.C. 18 1 nications, and any extensions thereof, shall 2 require that the interception order— 3 ‘‘(I) be for a fixed, limited dura- 4 tion; and 5 ‘‘(II) may not last longer than is 6 reasonably necessary to accomplish 7 the approved purposes of the order; 8 and 9 ‘‘(III) be issued only if the same 10 information could not reasonably be 11 obtained by another less intrusive 12 method; 13 ‘‘(E) an order issued by the foreign gov- 14 ernment may not be used to infringe freedom of 15 speech; 16 ‘‘(F) the foreign government shall prompt- 17 ly review material collected pursuant to the 18 agreement and store any unreviewed commu- 19 nications on a secure system accessible only to 20 those persons trained in applicable procedures; 21 ‘‘(G) the foreign government shall, using 22 procedures that, to the maximum extent pos- 23 sible, meet the definition of minimization proce- 24 dures in section 101 of the Foreign Intelligence 25 Surveillance Act of 1978 (50 U.S.C. 1801), seg- ALB18075 S.L.C. 19 1 regate, seal, or delete, and not disseminate ma- 2 terial found not to be information that is, or is 3 necessary to understand or assess the impor- 4 tance of information that is, relevant to the pre- 5 vention, detection, investigation, or prosecution 6 of serious crime, including terrorism, or nec- 7 essary to protect against a threat of death or 8 serious bodily harm to any person; 9 ‘‘(H) the foreign government may not dis- 10 seminate the content of a communication of a 11 United States person to United States authori- 12 ties unless the communication may be dissemi- 13 nated pursuant to subparagraph (G) and re- 14 lates to significant harm, or the threat thereof, 15 to the United States or United States persons, 16 including crimes involving national security 17 such as terrorism, significant violent crime, 18 child 19 crime, or significant financial fraud; exploitation, transnational organized 20 ‘‘(I) the foreign government shall afford 21 reciprocal rights of data access, to include, 22 where applicable, removing restrictions on com- 23 munications service providers, including pro- 24 viders subject to United States jurisdiction, and 25 thereby allow them to respond to valid legal ALB18075 S.L.C. 20 1 process sought by a governmental entity (as de- 2 fined in section 2711) if foreign law would oth- 3 erwise prohibit communications-service pro- 4 viders from disclosing the data; 5 ‘‘(J) the foreign government shall agree to 6 periodic review of compliance by the foreign 7 government with the terms of the agreement to 8 be conducted by the United States Government; 9 and 10 ‘‘(K) the United States Government shall 11 reserve the right to render the agreement inap- 12 plicable as to any order for which the United 13 States Government concludes the agreement 14 may not properly be invoked. 15 ‘‘(c) LIMITATION ON JUDICIAL REVIEW.—A deter- 16 mination or certification made by the Attorney General 17 under subsection (b) shall not be subject to judicial or ad18 ministrative review. 19 ‘‘(d) EFFECTIVE DATE OF CERTIFICATION.— 20 ‘‘(1) NOTICE.—Not later than 7 days after the 21 date on which the Attorney General certifies an ex- 22 ecutive agreement under subsection (b), the Attorney 23 General shall provide notice of the determination 24 under subsection (b) and a copy of the executive 25 agreement to Congress, including— ALB18075 S.L.C. 21 1 ‘‘(A) the Committee on the Judiciary and 2 the Committee on Foreign Relations of the Sen- 3 ate; and 4 ‘‘(B) the Committee on the Judiciary and 5 the Committee on Foreign Affairs of the House 6 of Representatives. 7 ‘‘(2) ENTRY INTO FORCE.—An executive agree- 8 ment that is determined and certified by the Attor- 9 ney General to satisfy the requirements of this sec- 10 tion shall enter into force not earlier than the date 11 that is 90 days after the date on which notice is pro- 12 vided under paragraph (1), unless Congress enacts 13 a joint resolution of disapproval in accordance with 14 paragraph (4). 15 16 ‘‘(3) CONSIDERATION ‘‘(A) IN BY COMMITTEES.— GENERAL.—During the 60-day pe- 17 riod beginning on the date on which notice is 18 provided under paragraph (1), each congres- 19 sional committee described in paragraph (1) 20 may— 21 22 ‘‘(i) hold one or more hearings on the executive agreement; and 23 ‘‘(ii) submit to their respective House 24 of Congress a report recommending wheth- ALB18075 S.L.C. 22 1 er the executive agreement should be ap- 2 proved or disapproved. 3 ‘‘(B) REQUESTS FOR INFORMATION.— 4 Upon request by the Chairman or Ranking 5 Member of a congressional committee described 6 in paragraph (1), the head of an agency shall 7 promptly furnish a summary of factors consid- 8 ered in determining that the foreign govern- 9 ment satisfies the requirements of this section. 10 ‘‘(4) CONGRESSIONAL 11 ‘‘(A) JOINT REVIEW.— RESOLUTION DEFINED.—In 12 this paragraph, the term ‘joint resolution’ 13 means only a joint resolution— 14 15 ‘‘(i) introduced during the 90-day period described in paragraph (2); 16 ‘‘(ii) which does not have a preamble; 17 ‘‘(iii) the title of which is as follows: 18 ‘Joint resolution disapproving the executive 19 agreement signed by the United States and 20 ll.’, the blank space being appropriately 21 filled in; and 22 ‘‘(iv) the matter after the resolving 23 clause of which is as follows: ‘That Con- 24 gress disapproves the executive agreement 25 governing access by lll to certain elec- ALB18075 S.L.C. 23 1 tronic data as submitted by the Attorney 2 General on lll’, the blank spaces being 3 appropriately filled in. 4 ‘‘(B) JOINT RESOLUTION ENACTED.—Not- 5 withstanding any other provision of this section, 6 if not later than 90 days after the date on 7 which notice is provided to Congress under 8 paragraph (1), there is enacted into law a joint 9 resolution disapproving of an executive agree- 10 ment under this section, the executive agree- 11 ment shall not enter into force. 12 ‘‘(C) INTRODUCTION.—During the 90-day 13 period described in subparagraph (B), a joint 14 resolution of disapproval may be introduced— 15 ‘‘(i) in the House of Representatives, 16 by the majority leader or the minority 17 leader; and 18 ‘‘(ii) in the Senate, by the majority 19 leader (or the majority leader’s designee) 20 or the minority leader (or the minority 21 leader’s designee). 22 ‘‘(5) FLOOR 23 REPRESENTATIVES.—If 24 Representatives to which a joint resolution of dis- 25 approval has been referred has not reported the joint CONSIDERATION IN HOUSE OF a committee of the House of ALB18075 S.L.C. 24 1 resolution within 60 days after the date of referral, 2 that committee shall be discharged from further con- 3 sideration of the joint resolution. 4 5 ‘‘(6) CONSIDERATION IN THE SENATE.— ‘‘(A) COMMITTEE REFERRAL.—A joint res- 6 olution of disapproval introduced in the Senate 7 shall be— 8 9 10 ‘‘(i) referred to the Committee on the Judiciary; and ‘‘(ii) referred to the Committee on 11 Foreign Relations. 12 ‘‘(B) REPORTING AND DISCHARGE.—If a 13 committee to which a joint resolution of dis- 14 approval was referred has not reported the joint 15 resolution within 60 days after the date of re- 16 ferral of the joint resolution, that committee 17 shall be discharged from further consideration 18 of the joint resolution and the joint resolution 19 shall be placed on the appropriate calendar. 20 ‘‘(C) PROCEEDING TO CONSIDERATION.— 21 Notwithstanding rule XXII of the Standing 22 Rules of the Senate, it is in order at any time 23 after either the Committee on the Judiciary or 24 the Committee on Foreign Relations, as the 25 case may be, reports a joint resolution of dis- ALB18075 S.L.C. 25 1 approval to the Senate or has been discharged 2 from consideration of such a joint resolution 3 (even though a previous motion to the same ef- 4 fect has been disagreed to) to move to proceed 5 to the consideration of the joint resolution, and 6 all points of order against the joint resolution 7 (and against consideration of the joint resolu- 8 tion) are waived. The motion is not subject to 9 a motion to postpone. A motion to reconsider 10 the vote by which the motion is agreed to or 11 disagreed to shall not be in order. 12 ‘‘(D) RULINGS OF THE CHAIR ON PROCE- 13 DURE.—Appeals 14 relating to the application of the rules of the 15 Senate, as the case may be, to the procedure re- 16 lating to a joint resolution of disapproval shall 17 be decided without debate. 18 ‘‘(E) from the decisions of the Chair CONSIDERATION OF VETO MES- 19 SAGES.—Debate 20 sage with respect to a joint resolution of dis- 21 approval, including all debatable motions and 22 appeals in connection with the joint resolution, 23 shall be limited to 10 hours, to be equally di- 24 vided between, and controlled by, the majority in the Senate of any veto mes- ALB18075 S.L.C. 26 1 leader and the minority leader or their des- 2 ignees. 3 ‘‘(7) RULES 4 5 RELATING TO SENATE AND HOUSE OF REPRESENTATIVES.— ‘‘(A) TREATMENT OF SENATE JOINT RESO- 6 LUTION IN HOUSE.—In 7 resentatives, the following procedures shall 8 apply to a joint resolution of disapproval re- 9 ceived from the Senate (unless the House has 10 already passed a joint resolution relating to the 11 same proposed action): 12 13 the House of Rep- ‘‘(i) The joint resolution shall be referred to the appropriate committees. 14 ‘‘(ii) If a committee to which a joint 15 resolution has been referred has not re- 16 ported the joint resolution within 7 days 17 after the date of referral, that committee 18 shall be discharged from further consider- 19 ation of the joint resolution. 20 ‘‘(iii) Beginning on the third legisla- 21 tive day after each committee to which a 22 joint resolution has been referred reports 23 the joint resolution to the House or has 24 been discharged from further consideration 25 thereof, it shall be in order to move to pro- ALB18075 S.L.C. 27 1 ceed to consider the joint resolution in the 2 House. All points of order against the mo- 3 tion are waived. Such a motion shall not be 4 in order after the House has disposed of a 5 motion to proceed on the joint resolution. 6 The previous question shall be considered 7 as ordered on the motion to its adoption 8 without intervening motion. The motion 9 shall not be debatable. A motion to recon- 10 sider the vote by which the motion is dis- 11 posed of shall not be in order. 12 ‘‘(iv) The joint resolution shall be con- 13 sidered as read. All points of order against 14 the joint resolution and against its consid- 15 eration are waived. The previous question 16 shall be considered as ordered on the joint 17 resolution to final passage without inter- 18 vening motion except 2 hours of debate 19 equally divided and controlled by the spon- 20 sor of the joint resolution (or a designee) 21 and an opponent. A motion to reconsider 22 the vote on passage of the joint resolution 23 shall not be in order. 24 ‘‘(B) TREATMENT 25 LUTION IN SENATE.— OF HOUSE JOINT RESO- ALB18075 S.L.C. 28 1 ‘‘(i) If, before the passage by the Sen- 2 ate of a joint resolution of disapproval, the 3 Senate receives an identical joint resolution 4 from the House of Representatives, the fol- 5 lowing procedures shall apply: 6 7 8 9 ‘‘(I) That joint resolution shall not be referred to a committee. ‘‘(II) With respect to that joint resolution— 10 ‘‘(aa) the procedure in the 11 Senate shall be the same as if no 12 joint resolution had been received 13 from the House of Representa- 14 tives; but 15 ‘‘(bb) the vote on passage 16 shall be on the joint resolution 17 from the House of Representa- 18 tives. 19 ‘‘(ii) If, following passage of a joint 20 resolution of disapproval in the Senate, the 21 Senate receives an identical joint resolution 22 from the House of Representatives, that 23 joint resolution shall be placed on the ap- 24 propriate Senate calendar. ALB18075 S.L.C. 29 1 ‘‘(iii) If a joint resolution of dis- 2 approval is received from the House, and 3 no companion joint resolution has been in- 4 troduced in the Senate, the Senate proce- 5 dures under this subsection shall apply to 6 the House joint resolution. 7 ‘‘(C) APPLICATION TO REVENUE MEAS- 8 URES.—The 9 not apply in the House of Representatives to a 10 joint resolution of disapproval that is a revenue 11 measure. 12 ‘‘(8) RULES provisions of this paragraph shall OF HOUSE OF REPRESENTATIVES 13 AND SENATE.—This 14 gress— subsection is enacted by Con- 15 ‘‘(A) as an exercise of the rulemaking 16 power of the Senate and the House of Rep- 17 resentatives, respectively, and as such is deemed 18 a part of the rules of each House, respectively, 19 and supersedes other rules only to the extent 20 that it is inconsistent with such rules; and 21 ‘‘(B) with full recognition of the constitu- 22 tional right of either House to change the rules 23 (so far as relating to the procedure of that 24 House) at any time, in the same manner, and ALB18075 S.L.C. 30 1 to the same extent as in the case of any other 2 rule of that House. 3 4 ‘‘(e) RENEWAL OF DETERMINATION.— ‘‘(1) IN GENERAL.—The Attorney General, with 5 the concurrence of the Secretary of State, shall 6 renew a determination under subsection (b) every 5 7 years. 8 ‘‘(2) REPORT.—Upon renewing a determination 9 under subsection (b), the Attorney General shall file 10 a report with the Committee on the Judiciary and 11 the Committee on Foreign Relations of the Senate 12 and the Committee on the Judiciary and the Com- 13 mittee on Foreign Affairs of the House of Rep- 14 resentatives describing— 15 ‘‘(A) the reasons for the renewal; 16 ‘‘(B) any substantive changes to the agree- 17 ment or to the relevant laws or procedures of 18 the foreign government since the original deter- 19 mination or, in the case of a second or subse- 20 quent renewal, since the last renewal; and 21 ‘‘(C) how the agreement has been imple- 22 mented and what problems or controversies, if 23 any, have arisen as a result of the agreement 24 or its implementation. ALB18075 S.L.C. 31 1 ‘‘(3) NONRENEWAL.—If a determination is not 2 renewed under paragraph (1), the agreement shall 3 no longer be considered to satisfy the requirements 4 of this section. 5 ‘‘(f) PUBLICATION.—Any determination or certifi- 6 cation under subsection (b) regarding an executive agree7 ment under this section, including any termination or re8 newal of such an agreement, shall be published in the Fed9 eral Register as soon as is reasonably practicable. 10 ‘‘(g) MINIMIZATION PROCEDURES.—A United States 11 authority that receives the content of a communication de12 scribed in subsection (b)(3)(H) from a foreign government 13 in accordance with an executive agreement under this sec14 tion shall use procedures that, to the maximum extent pos15 sible, meet the definition of minimization procedures in 16 section 101 of the Foreign Intelligence Surveillance Act 17 of 1978 (50 U.S.C. 1801) to appropriately protect non18 publicly available information concerning United States 19 persons.’’. 20 (b) TABLE OF SECTIONS AMENDMENT.—The table of 21 sections for chapter 119 of title 18, United States Code, 22 is amended by inserting after the item relating to section 23 2522 the following: ‘‘2523. Executive agreements on access to data by foreign governments.’’. ALB18075 S.L.C. 32 1 2 SEC. 6. RULE OF CONSTRUCTION. Nothing in this Act, or the amendments made by this 3 Act, shall be construed to preclude any foreign authority 4 from obtaining assistance in a criminal investigation or 5 prosecution pursuant to section 3512 of title 18, United 6 States Code, section 1782 of title 28, United States Code, 7 or as otherwise provided by law.