[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 118th Congress]
[118th Congress]
[House Document 117-161]
[Legislate Procedures Enacted in Law]
[Pages 1332-1335]
[From the U.S. Government Publishing Office, www.gpo.gov]


 34. Executive Agreements on Access to Data by Foreign Governments [18 

Sec. 2523. executive agreements on access to data by foreign governments

                              U.S.C. 2523]


                                  * * *

          (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, including a written certification and 

        explanation of each consideration in paragraphs (1), (2), (3), 


        and (4), that--


                                  * * *

          (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 180 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).


                                  * * *

                  (4) Congressional Review--

                      (A) Joint Resolution Defined--In this paragraph, 

                    the term ``joint resolution'' means only a joint 

                    resolution--

                        (i) introduced during the 180-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 

                    180 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) Joint Resolution Enacted--During the 180-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 120 days after 

                the date of referral, that committee shall be discharged 


                from further consideration of the joint resolution.


                                  * * *

                  (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.


                                  * * *

                      (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.


                                  * * *



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