[United States Senate Manual, 116th Congress]
[S. Doc. 116-1]
[Cleaves Manual of Conferences and Conference Reports]
[Pages 343-347]
[From the U.S. Government Publishing Office, www.gpo.gov]
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TITLE 18--CRIMES AND CRIMINAL PROCEDURE
Chapter 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION
AND INTERCEPTION OF ORAL COMMUNICATIONS
343 Sec. 2523. Executive agreements on access to data by foreign
governments
* * * * * * *
(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),
* * * * * * *
(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).
(3) 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 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
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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) Introduction.--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.
(6) Consideration in the Senate.--
(A) Committee referral.--A joint
resolution of disapproval introduced in the
Senate shall be referred jointly--
(i) to the Committee on the
Judiciary; and
(ii) 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 120 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.--It is
in order at any time after both the
Committee on the Judiciary and the Committee
on Foreign Relations report a joint
resolution of disapproval to the Senate or
have 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 debatable or 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) Consideration in the Senate.--In the
Senate, consideration of the joint
resolution, and on all debatable motions and
appeals in connection therewith, shall be
limited to not more than 10 hours, which
shall be divided equally between those
favoring
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and those opposing the joint resolution. A
motion further to limit debate is in order
and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed
to the consideration of other business, or a
motion to recommit the joint resolution is
not in order.
(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--
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(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
review and may 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) Revisions to Agreement.--A revision to an agreement
under this section shall be treated as a new agreement for
purposes of this section and shall be subject to the
certification requirement under subsection (b), and to the
procedures under subsection (d), except that for purposes of
a revision to an agreement--
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(1) the applicable time period under
paragraphs (2), (4)(A)(i), (4)(B), and (4)(C) of
subsection (d) shall be 90 days after the date
notice is provided under subsection (d)(1); and
(2) the applicable time period under
paragraphs (5) and (6)(B) of subsection (d)
shall be 60 days after the date notice is
provided under subsection (d)(1).
(g) 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.
(h) Minimization Procedures.--A United States authority
that receives the content of a communication described in
subsection (b)(4)(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. (Added Pub. L.
115-141, div. V, Sec. 105(a), Mar. 23, 2018, 132 Stat. 1217,
1224.)
19 u.s.c.--customs duties
united states senate procedures enacted in law