    [United States Senate Manual, 117th Congress]
    [S. Doc. 117-1]
    [Cleaves Manual of Conferences and Conference Reports]
    [Pages 349-353]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 349]]

                           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

    [[Page 350]]

                                        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

    [[Page 351]]

                                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--

    [[Page 352]]

                                                (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--

    [[Page 353]]

                                (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