[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

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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--

[[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