[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2383 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2383

   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

                            February 6, 2018

  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 the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 18, United States Code, to improve law enforcement 
     access to data stored across borders, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clarifying Lawful Overseas Use of 
Data Act'' or the ``CLOUD Act''.

SEC. 2. CONGRESSIONAL FINDINGS.

    Congress finds the following:
            (1) Timely access to electronic data held by 
        communications-service providers is an essential component of 
        government efforts to protect public safety and combat serious 
        crime, including terrorism.
            (2) Such efforts by the United States Government are being 
        impeded by the inability to access data stored outside the 
        United States that is in the custody, control, or possession of 
        communications-service providers that are subject to 
        jurisdiction of the United States.
            (3) Foreign governments also increasingly seek access to 
        electronic data held by communications-service providers in the 
        United States for the purpose of combating serious crime.
            (4) Communications-service providers face potential 
        conflicting legal obligations when a foreign government orders 
        production of electronic data that United States law may 
        prohibit providers from disclosing.
            (5) Foreign law may create similarly conflicting legal 
        obligations when chapter 121 of title 18, United States Code 
        (commonly known as the ``Stored Communications Act''), requires 
        disclosure of electronic data that foreign law prohibits 
        communications-service providers from disclosing.
            (6) International agreements provide a mechanism for 
        resolving these potential conflicting legal obligations where 
        the United States and the relevant foreign government share a 
        common commitment to the rule of law and the protection of 
        privacy and civil liberties.

SEC. 3. PRESERVATION OF RECORDS; COMITY ANALYSIS OF LEGAL PROCESS.

    (a) Required Preservation and Disclosure of Communications and 
Records.--
            (1) Amendment.--Chapter 121 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 2713. Required preservation and disclosure of communications and 
              records
    ``A provider of electronic communication service or remote 
computing service shall comply with the obligations of this chapter to 
preserve, backup, or disclose the contents of a wire or electronic 
communication and any record or other information pertaining to a 
customer or subscriber within such provider's possession, custody, or 
control, regardless of whether such communication, record, or other 
information is located within or outside of the United States.''.
            (2) Table of sections.--The table of sections for chapter 
        121 of title 18, United States Code, is amended by inserting 
        after the item relating to section 2712 the following:

``2713. Required preservation and disclosure of communications and 
                            records.''.
    (b) Comity Analysis of Legal Process Seeking Contents of Wire or 
Electronic Communication.--Section 2703 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(h) Comity Analysis and Disclosure of Information Regarding Legal 
Process Seeking Contents of Wire or Electronic Communication.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `qualifying foreign government' 
                means a foreign government--
                            ``(i) with which the United States has an 
                        executive agreement that has entered into force 
                        under section 2523; and
                            ``(ii) the laws of which provide to 
                        electronic communication service providers and 
                        remote computing service providers substantive 
                        and procedural opportunities similar to those 
                        provided under paragraphs (2) and (5); and
                    ``(B) the term `United States person' has the 
                meaning given the term in section 2523.
            ``(2) Motions to quash or modify.--(A) A provider of 
        electronic communication service to the public or remote 
        computing service, that is being required to disclose pursuant 
        to legal process issued under this section the contents of a 
        wire or electronic communication of a subscriber or customer, 
        may file a motion to modify or quash the legal process where 
        the provider reasonably believes--
                    ``(i) that the customer or subscriber is not a 
                United States person and does not reside in the United 
                States; and
                    ``(ii) that the required disclosure would create a 
                material risk that the provider would violate the laws 
                of a qualifying foreign government.
        Such a motion shall be filed not later than 14 days after the 
        date on which the provider was served with the legal process, 
        absent agreement with the government or permission from the 
        court to extend the deadline based on an application made 
        within the 14 days. The right to move to quash is without 
        prejudice to any other grounds to move to quash or defenses 
        thereto, but it shall be the sole basis for moving to quash on 
        the grounds of a conflict of law related to a qualifying 
        foreign government.
            ``(B) Upon receipt of a motion filed pursuant to 
        subparagraph (A), the court shall afford the governmental 
        entity that applied for or issued the legal process under this 
        section the opportunity to respond. The court may modify or 
        quash the legal process, as appropriate, only if the court 
        finds that--
                    ``(i) the required disclosure would cause the 
                provider to violate the laws of a qualifying foreign 
                government;
                    ``(ii) based on the totality of the circumstances, 
                the interests of justice dictate that the legal process 
                should be modified or quashed; and
                    ``(iii) the customer or subscriber is not a United 
                States person and does not reside in the United States.
            ``(3) Comity analysis.--For purposes of making a 
        determination under paragraph (2)(B)(ii), the court shall take 
        into account, as appropriate--
                    ``(A) the interests of the United States, including 
                the investigative interests of the governmental entity 
                seeking to require the disclosure;
                    ``(B) the interests of the qualifying foreign 
                government in preventing any prohibited disclosure;
                    ``(C) the likelihood, extent, and nature of 
                penalties to the provider or any employees of the 
                provider as a result of inconsistent legal requirements 
                imposed on the provider;
                    ``(D) the location and nationality of the 
                subscriber or customer whose communications are being 
                sought, if known, and the nature and extent of the 
                subscriber or customer's connection to the United 
                States, or if the legal process has been sought on 
                behalf of a foreign authority pursuant to section 3512, 
                the nature and extent of the subscriber or customer's 
                connection to the foreign authority's country;
                    ``(E) the nature and extent of the provider's ties 
                to and presence in the United States;
                    ``(F) the importance to the investigation of the 
                information required to be disclosed;
                    ``(G) the likelihood of timely and effective access 
                to the information required to be disclosed through 
                means that would cause less serious negative 
                consequences; and
                    ``(H) if the legal process has been sought on 
                behalf of a foreign authority pursuant to section 3512, 
                the investigative interests of the foreign authority 
                making the request for assistance.
            ``(4) Disclosure obligations during pendency of 
        challenge.--A service provider shall preserve, but not be 
        obligated to produce, information sought during the pendency of 
        a motion brought under this subsection, unless the court finds 
        that immediate production is necessary to prevent an adverse 
        result identified in section 2705(a)(2).
            ``(5) Disclosure to qualifying foreign government.--(A) It 
        shall not constitute a violation of a protective order issued 
        under section 2705 for a provider of electronic communication 
        service to the public or remote computing service to disclose 
        to the entity within a qualifying foreign government, 
        designated in an executive agreement under section 2523, the 
        fact of the existence of legal process issued under this 
        section seeking the contents of a wire or electronic 
        communication of a customer or subscriber who is a national or 
        resident of the qualifying foreign government.
            ``(B) Nothing in this paragraph shall be construed to 
        modify or otherwise affect any other authority to make a motion 
        to modify or quash a protective order issued under section 
        2705.''.
    (c) Rule of Construction.--Nothing in this section, or an amendment 
made by this section, shall be construed to modify or otherwise affect 
the common law standards governing the availability or application of 
comity analysis to other types of compulsory process or to instances of 
compulsory process issued under section 2703 of title 18, United States 
Code, as amended by this section, and not covered under subsection 
(h)(2) of such section 2703.

SEC. 4. ADDITIONAL AMENDMENTS TO CURRENT COMMUNICATIONS LAWS.

    Title 18, United States Code, is amended--
            (1) in chapter 119--
                    (A) in section 2511(2), by adding at the end the 
                following:
    ``(j) It shall not be unlawful under this chapter for a provider of 
electronic communication service to the public or remote computing 
service to intercept or disclose the contents of a wire or electronic 
communication in response to an order from a foreign government that is 
subject to an executive agreement that the Attorney General has 
determined and certified to Congress satisfies section 2523.''; and
                    (B) in section 2520(d), by amending paragraph (3) 
                to read as follows:
            ``(3) a good faith determination that section 2511(3), 
        2511(2)(i), or 2511(2)(j) of this title permitted the conduct 
        complained of;'';
            (2) in chapter 121--
                    (A) in section 2702--
                            (i) in subsection (b)--
                                    (I) in paragraph (8), by striking 
                                the period at the end and inserting ``; 
                                or''; and
                                    (II) by adding at the end the 
                                following:
            ``(9) to a foreign government pursuant to an order from a 
        foreign government that is subject to an executive agreement 
        that the Attorney General has determined and certified to 
        Congress satisfies section 2523.''; and
                            (ii) in subsection (c)--
                                    (I) in paragraph (5), by striking 
                                ``or'' at the end;
                                    (II) in paragraph (6), by striking 
                                the period at the end and inserting ``; 
                                or''; and
                                    (III) by adding at the end the 
                                following:
            ``(7) to a foreign government pursuant to an order from a 
        foreign government that is subject to an executive agreement 
        that the Attorney General has determined and certified to 
        Congress satisfies section 2523.''; and
                    (B) in section 2707(e), by amending paragraph (3) 
                to read as follows:
            ``(3) a good faith determination that section 2511(3), 
        section 2702(b)(9), or section 2702(c)(7) of this title 
        permitted the conduct complained of;''; and
            (3) in chapter 206--
                    (A) in section 3121(a), by inserting before the 
                period at the end the following: ``or an order from a 
                foreign government that is subject to an executive 
                agreement that the Attorney General has determined and 
                certified to Congress satisfies section 2523''; and
                    (B) in section 3124--
                            (i) by amending subsection (d) to read as 
                        follows:
    ``(d) No Cause of Action Against a Provider Disclosing Information 
Under This Chapter.--No cause of action shall lie in any court against 
any provider of a wire or electronic communication service, its 
officers, employees, agents, or other specified persons for providing 
information, facilities, or assistance in accordance with a court order 
under this chapter, request pursuant to section 3125 of this title, or 
an order from a foreign government that is subject to an executive 
agreement that the Attorney General has determined and certified to 
Congress satisfies section 2523.''; and
                            (ii) by amending subsection (e) to read as 
                        follows:
    ``(e) Defense.--A good faith reliance on a court order under this 
chapter, a request pursuant to section 3125 of this title, a 
legislative authorization, a statutory authorization, or a good faith 
determination that the conduct complained of was permitted by an order 
from a foreign government that is subject to executive agreement that 
the Attorney General has determined and certified to Congress satisfies 
section 2523, is a complete defense against any civil or criminal 
action brought under this chapter or any other law.''.

SEC. 5. EXECUTIVE AGREEMENTS ON ACCESS TO DATA BY FOREIGN GOVERNMENTS.

    (a) In General.--Chapter 119 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2523. Executive agreements on access to data by foreign 
              governments
    ``(a) Definitions.--In this section--
            ``(1) the term `lawfully admitted for permanent residence' 
        has the meaning given the term in section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)); and
            ``(2) the term `United States person' means a citizen or 
        national of the United States, an alien lawfully admitted for 
        permanent residence, an unincorporated association a 
        substantial number of members of which are citizens of the 
        United States or aliens lawfully admitted for permanent 
        residence, or a corporation that is incorporated in the United 
        States.
    ``(b) Executive Agreement Requirements.--For purposes of this 
chapter, chapter 121, and chapter 206, an executive agreement governing 
access by a foreign government to data subject to this chapter, chapter 
121, or chapter 206 shall be considered to satisfy the requirements of 
this section if the Attorney General, with the concurrence of the 
Secretary of State, determines, and submits a written certification of 
such determination to Congress, that--
            ``(1) the domestic law of the foreign government, including 
        the implementation of that law, affords robust substantive and 
        procedural protections for privacy and civil liberties in light 
        of the data collection and activities of the foreign government 
        that will be subject to the agreement, if--
                    ``(A) such a determination under this section takes 
                into account, as appropriate, credible information and 
                expert input; and
                    ``(B) the factors to be considered in making such a 
                determination include whether the foreign government--
                            ``(i) has adequate substantive and 
                        procedural laws on cybercrime and electronic 
                        evidence, as demonstrated by being a party to 
                        the Convention on Cybercrime, done at Budapest 
                        November 23, 2001, and entered into force 
                        January 7, 2004, or through domestic laws that 
                        are consistent with definitions and the 
                        requirements set forth in chapters I and II of 
                        that Convention;
                            ``(ii) demonstrates respect for the rule of 
                        law and principles of nondiscrimination;
                            ``(iii) adheres to applicable international 
                        human rights obligations and commitments or 
                        demonstrates respect for international 
                        universal human rights, including--
                                    ``(I) protection from arbitrary and 
                                unlawful interference with privacy;
                                    ``(II) fair trial rights;
                                    ``(III) freedom of expression, 
                                association, and peaceful assembly;
                                    ``(IV) prohibitions on arbitrary 
                                arrest and detention; and
                                    ``(V) prohibitions against torture 
                                and cruel, inhuman, or degrading 
                                treatment or punishment;
                            ``(iv) has clear legal mandates and 
                        procedures governing those entities of the 
                        foreign government that are authorized to seek 
                        data under the executive agreement, including 
                        procedures through which those authorities 
                        collect, retain, use, and share data, and 
                        effective oversight of these activities;
                            ``(v) has sufficient mechanisms to provide 
                        accountability and appropriate transparency 
                        regarding the collection and use of electronic 
                        data by the foreign government; and
                            ``(vi) demonstrates a commitment to promote 
                        and protect the global free flow of information 
                        and the open, distributed, and interconnected 
                        nature of the Internet;
            ``(2) the foreign government has adopted appropriate 
        procedures to minimize the acquisition, retention, and 
        dissemination of information concerning United States persons 
        subject to the agreement; and
            ``(3) the agreement requires that, with respect to any 
        order that is subject to the agreement--
                    ``(A) the foreign government may not intentionally 
                target a United States person or a person located in 
                the United States, and shall adopt targeting procedures 
                designed to meet this requirement;
                    ``(B) the foreign government may not target a non-
                United States person located outside the United States 
                if the purpose is to obtain information concerning a 
                United States person or a person located in the United 
                States;
                    ``(C) the foreign government may not issue an order 
                at the request of or to obtain information to provide 
                to the United States Government or a third-party 
                government, nor shall the foreign government be 
                required to share any information produced with the 
                United States Government or a third-party government;
                    ``(D) an order issued by the foreign government--
                            ``(i) shall be for the purpose of obtaining 
                        information relating to the prevention, 
                        detection, investigation, or prosecution of 
                        serious crime, including terrorism;
                            ``(ii) shall identify a specific person, 
                        account, address, or personal device, or any 
                        other specific identifier as the object of the 
                        order;
                            ``(iii) shall be in compliance with the 
                        domestic law of that country, and any 
                        obligation for a provider of an electronic 
                        communications service or a remote computing 
                        service to produce data shall derive solely 
                        from that law;
                            ``(iv) shall be based on requirements for a 
                        reasonable justification based on articulable 
                        and credible facts, particularity, legality, 
                        and severity regarding the conduct under 
                        investigation;
                            ``(v) shall be subject to review or 
                        oversight by a court, judge, magistrate, or 
                        other independent authority; and
                            ``(vi) in the case of an order for the 
                        interception of wire or electronic 
                        communications, and any extensions thereof, 
                        shall require that the interception order--
                                    ``(I) be for a fixed, limited 
                                duration;
                                    ``(II) may not last longer than is 
                                reasonably necessary to accomplish the 
                                approved purposes of the order; and
                                    ``(III) be issued only if the same 
                                information could not reasonably be 
                                obtained by another less intrusive 
                                method;
                    ``(E) an order issued by the foreign government may 
                not be used to infringe freedom of speech;
                    ``(F) the foreign government shall promptly review 
                material collected pursuant to the agreement and store 
                any unreviewed communications on a secure system 
                accessible only to those persons trained in applicable 
                procedures;
                    ``(G) the foreign government shall, using 
                procedures that, to the maximum extent possible, meet 
                the definition of minimization procedures in section 
                101 of the Foreign Intelligence Surveillance Act of 
                1978 (50 U.S.C. 1801), segregate, seal, or delete, and 
                not disseminate material found not to be information 
                that is, or is necessary to understand or assess the 
                importance of information that is, relevant to the 
                prevention, detection, investigation, or prosecution of 
                serious crime, including terrorism, or necessary to 
                protect against a threat of death or serious bodily 
                harm to any person;
                    ``(H) the foreign government may not disseminate 
                the content of a communication of a United States 
                person to United States authorities unless the 
                communication may be disseminated pursuant to 
                subparagraph (G) and relates to significant harm, or 
                the threat thereof, to the United States or United 
                States persons, including crimes involving national 
                security such as terrorism, significant violent crime, 
                child exploitation, transnational organized crime, or 
                significant financial fraud;
                    ``(I) the foreign government shall afford 
                reciprocal rights of data access, to include, where 
                applicable, removing restrictions on communications 
                service providers, including providers subject to 
                United States jurisdiction, and thereby allow them to 
                respond to valid legal process sought by a governmental 
                entity (as defined in section 2711) if foreign law 
                would otherwise prohibit communications-service 
                providers from disclosing the data;
                    ``(J) the foreign government shall agree to 
                periodic review of compliance by the foreign government 
                with the terms of the agreement to be conducted by the 
                United States Government; and
                    ``(K) the United States Government shall reserve 
                the right to render the agreement inapplicable as to 
                any order for which the United States Government 
                concludes the agreement may not properly be invoked.
    ``(c) Limitation on Judicial Review.--A determination or 
certification made by the Attorney General under subsection (b) shall 
not be subject to judicial or administrative review.
    ``(d) Effective Date of Certification.--
            ``(1) Notice.--Not later than 7 days after the date on 
        which the Attorney General certifies an executive agreement 
        under subsection (b), the Attorney General shall provide notice 
        of the determination under subsection (b) and a copy of the 
        executive agreement to Congress, including--
                    ``(A) the Committee on the Judiciary and the 
                Committee on Foreign Relations of the Senate; and
                    ``(B) the Committee on the Judiciary and the 
                Committee on Foreign Affairs of the House of 
                Representatives.
            ``(2) Entry into force.--An executive agreement that is 
        determined and certified by the Attorney General to satisfy the 
        requirements of this section shall enter into force not earlier 
        than the date that is 90 days after the date on which notice is 
        provided under paragraph (1), unless Congress enacts a joint 
        resolution of disapproval in accordance with paragraph (4).
            ``(3) Consideration by committees.--
                    ``(A) In general.--During the 60-day period 
                beginning on the date on which notice is provided under 
                paragraph (1), each congressional committee described 
                in paragraph (1) may--
                            ``(i) hold one or more hearings on the 
                        executive agreement; and
                            ``(ii) submit to their respective House of 
                        Congress a report recommending whether the 
                        executive agreement should be approved or 
                        disapproved.
                    ``(B) Requests for information.--Upon request by 
                the Chairman or Ranking Member of a congressional 
                committee described in paragraph (1), the head of an 
                agency shall promptly furnish a summary of factors 
                considered in determining that the foreign government 
                satisfies the requirements of this section.
            ``(4) Congressional review.--
                    ``(A) Joint resolution defined.--In this paragraph, 
                the term `joint resolution' means only a joint 
                resolution--
                            ``(i) introduced during the 90-day period 
                        described in paragraph (2);
                            ``(ii) which does not have a preamble;
                            ``(iii) the title of which is as follows: 
                        `Joint resolution disapproving the executive 
                        agreement signed by the United States and __.', 
                        the blank space being appropriately filled in; 
                        and
                            ``(iv) the matter after the resolving 
                        clause of which is as follows: `That Congress 
                        disapproves the executive agreement governing 
                        access by ___ to certain electronic data as 
                        submitted by the Attorney General on ___', the 
                        blank spaces being appropriately filled in.
                    ``(B) Joint resolution enacted.--Notwithstanding 
                any other provision of this section, if not later than 
                90 days after the date on which notice is provided to 
                Congress under paragraph (1), there is enacted into law 
                a joint resolution disapproving of an executive 
                agreement under this section, the executive agreement 
                shall not enter into force.
                    ``(C) Introduction.--During the 90-day period 
                described in subparagraph (B), a joint resolution of 
                disapproval may be introduced--
                            ``(i) in the House of Representatives, by 
                        the majority leader or the minority leader; and
                            ``(ii) in the Senate, by the majority 
                        leader (or the majority leader's designee) or 
                        the minority leader (or the minority leader's 
                        designee).
            ``(5) Floor consideration in house of representatives.--If 
        a committee of the House of Representatives to which a joint 
        resolution of disapproval has been referred has not reported 
        the joint resolution within 60 days after the date of referral, 
        that committee shall be discharged from further consideration 
        of the joint resolution.
            ``(6) Consideration in the senate.--
                    ``(A) Committee referral.--A joint resolution of 
                disapproval introduced in the Senate shall be--
                            ``(i) referred to the Committee on the 
                        Judiciary; and
                            ``(ii) referred to the Committee on Foreign 
                        Relations.
                    ``(B) Reporting and discharge.--If a committee to 
                which a joint resolution of disapproval was referred 
                has not reported the joint resolution within 60 days 
                after the date of referral of the joint resolution, 
                that committee shall be discharged from further 
                consideration of the joint resolution and the joint 
                resolution shall be placed on the appropriate calendar.
                    ``(C) Proceeding to consideration.--Notwithstanding 
                rule XXII of the Standing Rules of the Senate, it is in 
                order at any time after either the Committee on the 
                Judiciary or the Committee on Foreign Relations, as the 
                case may be, reports a joint resolution of disapproval 
                to the Senate or has been discharged from consideration 
                of such a joint resolution (even though a previous 
                motion to the same effect has been disagreed to) to 
                move to proceed to the consideration of the joint 
                resolution, and all points of order against the joint 
                resolution (and against consideration of the joint 
                resolution) are waived. The motion is not subject to a 
                motion to postpone. A motion to reconsider the vote by 
                which the motion is agreed to or disagreed to shall not 
                be in order.
                    ``(D) Rulings of the chair on procedure.--Appeals 
                from the decisions of the Chair relating to the 
                application of the rules of the Senate, as the case may 
                be, to the procedure relating to a joint resolution of 
                disapproval shall be decided without debate.
                    ``(E) Consideration of veto messages.--Debate in 
                the Senate of any veto message with respect to a joint 
                resolution of disapproval, including all debatable 
                motions and appeals in connection with the joint 
                resolution, shall be limited to 10 hours, to be equally 
                divided between, and controlled by, the majority leader 
                and the minority leader or their designees.
            ``(7) Rules relating to senate and house of 
        representatives.--
                    ``(A) Treatment of senate joint resolution in 
                house.--In the House of Representatives, the following 
                procedures shall apply to a joint resolution of 
                disapproval received from the Senate (unless the House 
                has already passed a joint resolution relating to the 
                same proposed action):
                            ``(i) The joint resolution shall be 
                        referred to the appropriate committees.
                            ``(ii) If a committee to which a joint 
                        resolution has been referred has not reported 
                        the joint resolution within 7 days after the 
                        date of referral, that committee shall be 
                        discharged from further consideration of the 
                        joint resolution.
                            ``(iii) Beginning on the third legislative 
                        day after each committee to which a joint 
                        resolution has been referred reports the joint 
                        resolution to the House or has been discharged 
                        from further consideration thereof, it shall be 
                        in order to move to proceed to consider the 
                        joint resolution in the House. All points of 
                        order against the motion are waived. Such a 
                        motion shall not be in order after the House 
                        has disposed of a motion to proceed on the 
                        joint resolution. The previous question shall 
                        be considered as ordered on the motion to its 
                        adoption without intervening motion. The motion 
                        shall not be debatable. A motion to reconsider 
                        the vote by which the motion is disposed of 
                        shall not be in order.
                            ``(iv) The joint resolution shall be 
                        considered as read. All points of order against 
                        the joint resolution and against its 
                        consideration are waived. The previous question 
                        shall be considered as ordered on the joint 
                        resolution to final passage without intervening 
                        motion except 2 hours of debate equally divided 
                        and controlled by the sponsor of the joint 
                        resolution (or a designee) and an opponent. A 
                        motion to reconsider the vote on passage of the 
                        joint resolution shall not be in order.
                    ``(B) Treatment of house joint resolution in 
                senate.--
                            ``(i) If, before the passage by the Senate 
                        of a joint resolution of disapproval, the 
                        Senate receives an identical joint resolution 
                        from the House of Representatives, the 
                        following procedures shall apply:
                                    ``(I) That joint resolution shall 
                                not be referred to a committee.
                                    ``(II) With respect to that joint 
                                resolution--
                                            ``(aa) the procedure in the 
                                        Senate shall be the same as if 
                                        no joint resolution had been 
                                        received from the House of 
                                        Representatives; but
                                            ``(bb) the vote on passage 
                                        shall be on the joint 
                                        resolution from the House of 
                                        Representatives.
                            ``(ii) If, following passage of a joint 
                        resolution of disapproval in the Senate, the 
                        Senate receives an identical joint resolution 
                        from the House of Representatives, that joint 
                        resolution shall be placed on the appropriate 
                        Senate calendar.
                            ``(iii) If a joint resolution of 
                        disapproval is received from the House, and no 
                        companion joint resolution has been introduced 
                        in the Senate, the Senate procedures under this 
                        subsection shall apply to the House joint 
                        resolution.
                    ``(C) Application to revenue measures.--The 
                provisions of this paragraph shall not apply in the 
                House of Representatives to a joint resolution of 
                disapproval that is a revenue measure.
            ``(8) Rules of house of representatives and senate.--This 
        subsection is enacted by Congress--
                    ``(A) as an exercise of the rulemaking power of the 
                Senate and the House of Representatives, respectively, 
                and as such is deemed a part of the rules of each 
                House, respectively, and supersedes other rules only to 
                the extent that it is inconsistent with such rules; and
                    ``(B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                relating to the procedure of that House) at any time, 
                in the same manner, and to the same extent as in the 
                case of any other rule of that House.
    ``(e) Renewal of Determination.--
            ``(1) In general.--The Attorney General, with the 
        concurrence of the Secretary of State, shall renew a 
        determination under subsection (b) every 5 years.
            ``(2) Report.--Upon renewing a determination under 
        subsection (b), the Attorney General shall file a report with 
        the Committee on the Judiciary and the Committee on Foreign 
        Relations of the Senate and the Committee on the Judiciary and 
        the Committee on Foreign Affairs of the House of 
        Representatives describing--
                    ``(A) the reasons for the renewal;
                    ``(B) any substantive changes to the agreement or 
                to the relevant laws or procedures of the foreign 
                government since the original determination or, in the 
                case of a second or subsequent renewal, since the last 
                renewal; and
                    ``(C) how the agreement has been implemented and 
                what problems or controversies, if any, have arisen as 
                a result of the agreement or its implementation.
            ``(3) Nonrenewal.--If a determination is not renewed under 
        paragraph (1), the agreement shall no longer be considered to 
        satisfy the requirements of this section.
    ``(f) Publication.--Any determination or certification under 
subsection (b) regarding an executive agreement under this section, 
including any termination or renewal of such an agreement, shall be 
published in the Federal Register as soon as is reasonably practicable.
    ``(g) Minimization Procedures.--A United States authority that 
receives the content of a communication described in subsection 
(b)(3)(H) from a foreign government in accordance with an executive 
agreement under this section shall use procedures that, to the maximum 
extent possible, meet the definition of minimization procedures in 
section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801) to appropriately protect nonpublicly available information 
concerning United States persons.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
119 of title 18, United States Code, is amended by inserting after the 
item relating to section 2522 the following:

``2523. Executive agreements on access to data by foreign 
                            governments.''.

SEC. 6. RULE OF CONSTRUCTION.

    Nothing in this Act, or the amendments made by this Act, shall be 
construed to preclude any foreign authority from obtaining assistance 
in a criminal investigation or prosecution pursuant to section 3512 of 
title 18, United States Code, section 1782 of title 28, United States 
Code, or as otherwise provided by law.
                                 <all>