    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 119th Congress]
    [119th Congress]
    [House Document 118-187]
    [Legislate Procedures Enacted in Law]
    [Pages 1339-1342]
    [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).

    [[Page 1340]]

                                      * * *

                      (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

    [[Page 1341]]

                    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

    [[Page 1342]]

                        provisions of this paragraph shall not apply

                        in the House of Representatives to a joint

                        resolution of disapproval that is a revenue measure.

                                      * * *

                                                               Sec. 1130(35)