[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.
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