,,ii  #aaeth ,,congress  #b;d ,session  
,s4 #bchc  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,february #f1  
#bjah ,mr4 ,hatch 7for himself1 ,mr4    
,coons1 ,mr4 ,graham1 and ,mr4          
,whitehouse7 introduced the following   
bill2 which was read twice and referred 
to the ,committee on the ,judiciary  ,a 
,,bill  ,to amend title #ah1 ,united    
,states ,code1 to improve law           
enforcement access to data stored across
 borders1 and for other purposes4  #a4  
,short title  ,this ,act may be cited as
 the ,clarifying ,lawful ,overseas ,use 
of ,data ,act or the ,,cloud ,act4  #b4 
,congressional findings ,congress finds 
the following3 7#a7 ,timely access to   
electronic data held by                 
communications-service providers is an  
essential component of government       
efforts to protect public safety and    
combat serious crime1 including         
terrorism4  7#b7 ,such efforts by the   
,united ,states ,government are being   
impeded by the inability to access data 

stored outside the ,united ,states that 
is in the custody1 control1 or          
possession of communications-service    
providers that are subject to           
jurisdiction of the ,united ,states4    
7#c7 ,foreign governments also          
increasingly seek access to electronic  
data held by communications-service     
providers in the ,united ,states for the
 purpose of combating serious crime4    
7#d7 ,communications-service providers  
face potential conflicting legal        
obligations when a foreign government   
orders production of electronic data    
that ,united ,states law may prohibit   
providers from disclosing4  7#e7        
,foreign law may create similarly       
conflicting legal obligations when      
chapter #aba of title #ah1 ,united      
,states ,code 7commonly known as the    
,stored ,communications ,act71 requires 
disclosure of electronic data that      
foreign law prohibits                   
communications-service providers from   
disclosing4  7#f7 ,international        

agreements provide a mechanism for      
resolving these potential conflicting   
legal obligations where the ,united     
,states and the relevant foreign        
government share a common commitment to 
the rule of law and the protection of   
privacy and civil liberties4  #c4       
,preservation of records2 comity        
analysis of legal process  7a7 ,required
 preservation and disclosure of         
communications and records  7#a7        
,amendment ,chapter #aba of title #ah1  
,united ,states ,code1 is amended by    
adding at the end the following3  #bgac4
 ,required preservation and disclosure  
of communications and records ,a        
provider of electronic communication    
service or remote computing service     
shall comply with the obligations of    
this chapter to preserve1 backup1 or    
disclose the contents of a wire or      
electronic communication and any record 
or other information pertaining to a    
customer or subscriber within such      
provider's possession1 custody1 or      

control1 regardless of whether such     
communication1 record1 or other         
information is located within or outside
 of the ,united ,states4  4  7#b7 ,table
 of sections ,the table of sections for 
chapter #aba of title #ah1 ,united      
,states ,code1 is amended by inserting  
after the item relating to section #bgab
 the following3  #bgac4 ,required       
preservation and disclosure of          
communications and records4  4  7b7     
,comity analysis of legal process       
seeking contents of wire or electronic  
communication ,section #bgjc of title   
#ah1 ,united ,states ,code1 is amended  
by adding at the end the following3  7h7
 ,comity analysis and disclosure of     
information regarding legal process     
seeking contents of wire or electronic  
communication  7#a7 ,definitions ,in    
this subsection--  7,a7 the term        
qualifying foreign government means a   
foreign government-- 7i7 with which the 
,united ,states has an executive        
agreement that has entered into force   

under section #bebc2 and  7ii7 the laws 
of which provide to electronic          
communication service providers and     
remote computing service providers      
substantive and procedural opportunities
 similar to those provided under        
paragraphs 7#b7 and 7#e72 and  7,b7 the 
term ,united ,states person has the     
meaning given the term in section #bebc4
  7#b7 ,motions to quash or modify  7,a7
 ,a provider of electronic communication
 service to the public or remote        
computing service1 that is being        
required to disclose pursuant to legal  
process issued under this section the   
contents of a wire or electronic        
communication of a subscriber or        
customer1 may file a motion to modify or
 quash the legal process where the      
provider reasonably believes--  7i7 that
 the customer or subscriber is not a    
,united ,states person and does not     
reside in the ,united ,states2 and  7ii7
 that the required disclosure would     
create a material risk that the provider

 would violate the laws of a qualifying 
foreign government4  ,such a motion     
shall be filed not later than #ad days  
after the date on which the provider was
 served with the legal process1 absent  
agreement with the government or        
permission from the court to extend the 
deadline based on an application made   
within the #ad days4 ,the right to move 
to quash is without prejudice to any    
other grounds to move to quash or       
defenses thereto1 but it shall be the   
sole basis for moving to quash on the   
grounds of a conflict of law related to 
a qualifying foreign government4  7,b7  
,upon receipt of a motion filed pursuant
 to subparagraph 7,a71 the court shall  
afford the governmental entity that     
applied for or issued the legal process 
under this section the opportunity to   
respond4 ,the court may modify or quash 
the legal process1 as appropriate1 only 
if the court finds that--  7i7 the      
required disclosure would cause the     
provider to violate the laws of a       

qualifying foreign government2  7ii7    
based on the totality of the            
circumstances1 the interests of justice 
dictate that the legal process should be
 modified or quashed2 and  7iii7 the    
customer or subscriber is not a ,united 
,states person and does not reside in   
the ,united ,states4  7#c7 ,comity      
analysis ,for purposes of making a      
determination under paragraph           
7#b77;,b77ii71 the court shall take into
 account1 as appropriate--  7,a7 the    
interests of the ,united ,states1       
including the investigative interests of
 the governmental entity seeking to     
require the disclosure2  7,b7 the       
interests of the qualifying foreign     
government in preventing any prohibited 
disclosure2  7,c7 the likelihood1       
extent1 and nature of penalties to the  
provider or any employees of the        
provider as a result of inconsistent    
legal requirements imposed on the       
provider2  7,d7 the location and        
nationality of the subscriber or        

customer whose communications are being 
sought1 if known1 and the nature and    
extent of the subscriber or customer's  
connection to the ,united ,states1 or if
 the legal process has been sought on   
behalf of a foreign authority pursuant  
to section #ceab1 the nature and extent 
of the subscriber or customer's         
connection to the foreign authority's   
country2  7,e7 the nature and extent of 
the provider's ties to and presence in  
the ,united ,states2  7,f7 the          
importance to the investigation of the  
information required to be disclosed2   
7,g7 the likelihood of timely and       
effective access to the information     
required to be disclosed through means  
that would cause less serious negative  
consequences2 and  7,h7 if the legal    
process has been sought on behalf of a  
foreign authority pursuant to section   
#ceab1 the investigative interests of   
the foreign authority making the request
 for assistance4  7#d7 ,disclosure      
obligations during pendency of challenge

 ,a service provider shall preserve1 but
 not be obligated to produce1           
information sought during the pendency  
of a motion brought under this          
subsection1 unless the court finds that 
immediate production is necessary to    
prevent an adverse result identified in 
section #bgje7;a77#b74  7#e7 ,disclosure
 to qualifying foreign government  7,a7 
,it shall not constitute a violation of 
a protective order issued under section 
#bgje for a provider of electronic      
communication service to the public or  
remote computing service to disclose to 
the entity within a qualifying foreign  
government1 designated in an executive  
agreement under section #bebc1 the fact 
of the existence of legal process issued
 under this section seeking the contents
 of a wire or electronic communication  
of a customer or subscriber who is a    
national or resident of the qualifying  
foreign government4  7,b7 ,nothing in   
this paragraph shall be construed to    
modify or otherwise affect any other    

authority to make a motion to modify or 
quash a protective order issued under   
section #bgje4  4  7c7 ,rule of         
construction ,nothing in this section1  
or an amendment made by this section1   
shall be construed to modify or         
otherwise affect the common law         
standards governing the availability or 
application of comity analysis to other 
types of compulsory process or to       
instances of compulsory process issued  
under section #bgjc of title #ah1       
,united ,states ,code1 as amended by    
this section1 and not covered under     
subsection 7h77#b7 of such section      
#bgjc4  #d4 ,additional amendments to   
current communications laws ,title #ah1 
,united ,states ,code1 is amended-- 7#a7
 in chapter #aai--  7,a7 in section     
#beaa7b71 by adding at the end the      
following3  7j7 ,it shall not be        
unlawful under this chapter for a       
provider of electronic communication    
service to the public or remote         
computing service to intercept or       

disclose the contents of a wire or      
electronic communication in response to 
an order from a foreign government that 
is subject to an executive agreement    
that the ,attorney ,general has         
determined and certified to ,congress   
satisfies section #bebc4  2 and  7,b7 in
 section #bebj7;d71 by amending         
paragraph 7#c7 to read as follows3  7#c7
 a good faith determination that section
 #beaa7c71 #beaa7b77;i71 or #beaa7b77;j7
 of this title permitted the conduct    
complained of2  2  7#b7 in chapter      
#aba-- 7,a7 in section #bgjb--  7i7 in  
subsection 7b7-- 7,i7 in paragraph 7#h71
 by striking the period at the end and  
inserting 2 or2 and  7,,ii7 by adding at
 the end the following3  7#i7 to a      
foreign government pursuant to an order 
from a foreign government that is       
subject to an executive agreement that  
the ,attorney ,general has determined   
and certified to ,congress satisfies    
section #bebc4  2 and  7ii7 in          
subsection 7c7-- 7,i7 in paragraph 7#e71

 by striking or at the end2  7,,ii7 in  
paragraph 7#f71 by striking the period  
at the end and inserting 2 or2 and      
7,,iii7 by adding at the end the        
following3  7#g7 to a foreign government
 pursuant to an order from a foreign    
government that is subject to an        
executive agreement that the ,attorney  
,general has determined and certified to
 ,congress satisfies section #bebc4  2  
and  7,b7 in section #bgjg7;e71 by      
amending paragraph 7#c7 to read as      
follows3  7#c7 a good faith             
determination that section #beaa7c71    
section #bgjb7;b77#i71 or section       
#bgjb7;c77#g7 of this title permitted   
the conduct complained of2  2 and  7#c7 
in chapter #bjf-- 7,a7 in section       
#caba7;a71 by inserting before the      
period at the end the following3 or an  
order from a foreign government that is 
subject to an executive agreement that  
the ,attorney ,general has determined   
and certified to ,congress satisfies    
section #bebc2 and  7,b7 in section     

#cabd-- 7i7 by amending subsection 7d7  
to read as follows3  7d7 ,no cause of   
action against a provider disclosing    
information under this chapter ,no cause
 of action shall lie in any court       
against any provider of a wire or       
electronic communication service1 its   
officers1 employees1 agents1 or other   
specified persons for providing         
information1 facilities1 or assistance  
in accordance with a court order under  
this chapter1 request pursuant to       
section #cabe of this title1 or an order
 from a foreign government that is      
subject to an executive agreement that  
the ,attorney ,general has determined   
and certified to ,congress satisfies    
section #bebc4  2 and  7ii7 by amending 
subsection 7e7 to read as follows3  7e7 
,defense ,a good faith reliance on a    
court order under this chapter1 a       
request pursuant to section #cabe of    
this title1 a legislative authorization1
 a statutory authorization1 or a good   
faith determination that the conduct    

complained of was permitted by an order 
from a foreign government that is       
subject to executive agreement that the 
,attorney ,general has determined and   
certified to ,congress satisfies section
 #bebc1 is a complete defense against   
any civil or criminal action brought    
under this chapter or any other law4  4 
#e4 ,executive agreements on access to  
data by foreign governments  7a7 ,in    
general ,chapter #aai of title #ah1     
,united ,states ,code1 is amended by    
adding at the end the following3  #bebc4
 ,executive agreements on access to data
 by foreign governments  7a7            
,definitions ,in this section--  7#a7   
the term lawfully admitted for permanent
 residence has the meaning given the    
term in section #aja7;a7 of the         
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaja7;a772 and  7#b7 the term
 ,united ,states person means a citizen 
or national of the ,united ,states1 an  
alien lawfully admitted for permanent   
residence1 an unincorporated association

 a substantial number of members of     
which are citizens of the ,united       
,states or aliens lawfully admitted for 
permanent residence1 or a corporation   
that is incorporated in the ,united     
,states4  7b7 ,executive agreement      
requirements ,for purposes of this      
chapter1 chapter #aba1 and chapter #bjf1
 an executive agreement governing access
 by a foreign government to data subject
 to this chapter1 chapter #aba1 or      
chapter #bjf shall be considered to     
satisfy the requirements of this section
 if the ,attorney ,general1 with the    
concurrence of the ,secretary of ,state1
 determines1 and submits a written      
certification of such determination to  
,congress1 that--  7#a7 the domestic law
 of the foreign government1 including   
the implementation of that law1 affords 
robust substantive and procedural       
protections for privacy and civil       
liberties in light of the data          
collection and activities of the foreign
 government that will be subject to the 

agreement1 if--  7,a7 such a            
determination under this section takes  
into account1 as appropriate1 credible  
information and expert input2 and  7,b7 
the factors to be considered in making  
such a determination include whether the
 foreign government-- 7i7 has adequate  
substantive and procedural laws on      
cybercrime and electronic evidence1 as  
demonstrated by being a party to the    
,convention on ,cybercrime1 done at     
,budapest ,november #bc1 #bjja1 and     
entered into force ,january #g1 #bjjd1  
or through domestic laws that are       
consistent with definitions and the     
requirements set forth in chapters ,i   
and ,,ii of that ,convention2  7ii7     
demonstrates respect for the rule of law
 and principles of nondiscrimination2   
7iii7 adheres to applicable             
international human rights obligations  
and commitments or demonstrates respect 
for international universal human       
rights1 including--  7,i7 protection    
from arbitrary and unlawful interference

 with privacy2  7,,ii7 fair trial       
rights2  7,,iii7 freedom of expression1 
association1 and peaceful assembly2     
7,,iv7 prohibitions on arbitrary arrest 
and detention2 and  7,v7 prohibitions   
against torture and cruel1 inhuman1 or  
degrading treatment or punishment2  7iv7
 has clear legal mandates and procedures
 governing those entities of the foreign
 government that are authorized to seek 
data under the executive agreement1     
including procedures through which those
 authorities collect1 retain1 use1 and  
share data1 and effective oversight of  
these activities2  7v7 has sufficient   
mechanisms to provide accountability and
 appropriate transparency regarding the 
collection and use of electronic data by
 the foreign government2 and  7vi7      
demonstrates a commitment to promote and
 protect the global free flow of        
information and the open1 distributed1  
and interconnected nature of the        
,internet2  7#b7 the foreign government 
has adopted appropriate procedures to   

minimize the acquisition1 retention1 and
 dissemination of information concerning
 ,united ,states persons subject to the 
agreement2 and  7#c7 the agreement      
requires that1 with respect to any order
 that is subject to the agreement-- 7,a7
 the foreign government may not         
intentionally target a ,united ,states  
person or a person located in the       
,united ,states1 and shall adopt        
targeting procedures designed to meet   
this requirement2  7,b7 the foreign     
government may not target a non-,united 
,states person located outside the      
,united ,states if the purpose is to    
obtain information concerning a ,united 
,states person or a person located in   
the ,united ,states2  7,c7 the foreign  
government may not issue an order at the
 request of or to obtain information to 
provide to the ,united ,states          
,government or a third-party government1
 nor shall the foreign government be    
required to share any information       
produced with the ,united ,states       

,government or a third-party government2
  7,d7 an order issued by the foreign   
government-- 7i7 shall be for the       
purpose of obtaining information        
relating to the prevention1 detection1  
investigation1 or prosecution of serious
 crime1 including terrorism2  7ii7 shall
 identify a specific person1 account1   
address1 or personal device1 or any     
other specific identifier as the object 
of the order2  7iii7 shall be in        
compliance with the domestic law of that
 country1 and any obligation for a      
provider of an electronic communications
 service or a remote computing service  
to produce data shall derive solely from
 that law2  7iv7 shall be based on      
requirements for a reasonable           
justification based on articulable and  
credible facts1 particularity1 legality1
 and severity regarding the conduct     
under investigation2  7v7 shall be      
subject to review or oversight by a     
court1 judge1 magistrate1 or other      
independent authority2 and  7vi7 in the 

case of an order for the interception of
 wire or electronic communications1 and 
any extensions thereof1 shall require   
that the interception order--  7,i7 be  
for a fixed1 limited duration2  7,,ii7  
may not last longer than is reasonably  
necessary to accomplish the approved    
purposes of the order2 and  7,,iii7 be  
issued only if the same information     
could not reasonably be obtained by     
another less intrusive method2  7,e7 an 
order issued by the foreign government  
may not be used to infringe freedom of  
speech2  7,f7 the foreign government    
shall promptly review material collected
 pursuant to the agreement and store any
 unreviewed communications on a secure  
system accessible only to those persons 
trained in applicable procedures2  7,g7 
the foreign government shall1 using     
procedures that1 to the maximum extent  
possible1 meet the definition of        
minimization procedures in section #aja 
of the ,foreign ,intelligence           
,surveillance ,act of #aigh 7#ej        

,u4,s4,c4 #ahja71 segregate1 seal1 or   
delete1 and not disseminate material    
found not to be information that is1 or 
is necessary to understand or assess the
 importance of information that is1     
relevant to the prevention1 detection1  
investigation1 or prosecution of serious
 crime1 including terrorism1 or         
necessary to protect against a threat of
 death or serious bodily harm to any    
person2  7,h7 the foreign government may
 not disseminate the content of a       
communication of a ,united ,states      
person to ,united ,states authorities   
unless the communication may be         
disseminated pursuant to subparagraph   
7,g7 and relates to significant harm1 or
 the threat thereof1 to the ,united     
,states or ,united ,states persons1     
including crimes involving national     
security such as terrorism1 significant 
violent crime1 child exploitation1      
transnational organized crime1 or       
significant financial fraud2  7,i7 the  
foreign government shall afford         

reciprocal rights of data access1 to    
include1 where applicable1 removing     
restrictions on communications service  
providers1 including providers subject  
to ,united ,states jurisdiction1 and    
thereby allow them to respond to valid  
legal process sought by a governmental  
entity 7as defined in section #bgaa7 if 
foreign law would otherwise prohibit    
communications-service providers from   
disclosing the data2  7,j7 the foreign  
government shall agree to periodic      
review of compliance by the foreign     
government with the terms of the        
agreement to be conducted by the ,united
 ,states ,government2 and  7,k7 the     
,united ,states ,government shall       
reserve the right to render the         
agreement inapplicable as to any order  
for which the ,united ,states           
,government concludes the agreement may 
not properly be invoked4  7c7           
,limitation on judicial review ,a       
determination or certification made by  
the ,attorney ,general under subsection 

7b7 shall not be subject to judicial or 
administrative review4  7d7 ,effective  
date of certification  7#a7 ,notice ,not
 later than #g days after the date on   
which the ,attorney ,general certifies  
an executive agreement under subsection 
7b71 the ,attorney ,general shall       
provide notice of the determination     
under subsection 7b7 and a copy of the  
executive agreement to ,congress1       
including--  7,a7 the ,committee on the 
,judiciary and the ,committee on        
,foreign ,relations of the ,senate2 and 
7,b7 the ,committee on the ,judiciary   
and the ,committee on ,foreign ,affairs 
of the ,house of ,representatives4  7#b7
 ,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 #ij days after the    
date on which notice is provided under  
paragraph 7#a71 unless ,congress enacts 
a joint resolution of disapproval in    

accordance with paragraph 7#d74  7#c7   
,consideration by committees  7,a7 ,in  
general ,during the #fj-;day period     
beginning on the date on which notice is
 provided under paragraph 7#a71 each    
congressional committee described in    
paragraph 7#a7 may--  7i7 hold one or   
more hearings on the executive          
agreement2 and  7ii7 submit to their    
respective ,house of ,congress a report 
recommending whether the executive      
agreement should be approved or         
disapproved4  7,b7 ,requests for        
information ,upon request by the        
,chairman or ,ranking ,member of a      
congressional committee described in    
paragraph 7#a71 the head of an agency   
shall promptly furnish a summary of     
factors considered in determining that  
the foreign government satisfies the    
requirements of this section4  7#d7     
,congressional review  7,a7 ,joint      
resolution defined ,in this paragraph1  
the term joint resolution means only a  
joint resolution-- 7i7 introduced during

 the #ij-;day period described in       
paragraph 7#b72  7ii7 which does not    
have a preamble2  7iii7 the title of    
which is as follows3 ,joint resolution  
disapproving the executive agreement    
signed by the ,united ,states and 41 the
 blank space being appropriately filled 
in2 and  7iv7 the matter after the      
resolving clause of which is as follows3
 ,that ,congress disapproves the        
executive agreement governing access by 
to certain electronic data as submitted 
by the ,attorney ,general on 1 the blank
 spaces being appropriately filled in4  
7,b7 ,joint resolution enacted          
,notwithstanding any other provision of 
this section1 if not later than #ij days
 after the date on which notice is      
provided to ,congress under paragraph   
7#a71 there is enacted into law a joint 
resolution disapproving of an executive 
agreement under this section1 the       
executive agreement shall not enter into
 force4  7,c7 ,introduction ,during the 
#ij-;day period described in            

subparagraph 7,b71 a joint resolution of
 disapproval may be introduced--  7i7 in
 the ,house of ,representatives1 by the 
majority leader or the minority leader2 
and  7ii7 in the ,senate1 by the        
majority leader 7or the majority        
leader's designee7 or the minority      
leader 7or the minority leader's        
designee74  7#e7 ,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 #fj days after the    
date of referral1 that committee shall  
be discharged from further consideration
 of the joint resolution4  7#f7         
,consideration in the ,senate  7,a7     
,committee referral ,a joint resolution 
of disapproval introduced in the ,senate
 shall be-- 7i7 referred to the         
,committee on the ,judiciary2 and  7ii7 
referred to the ,committee on ,foreign  
,relations4  7,b7 ,reporting and        

discharge ,if a committee to which a    
joint resolution of disapproval was     
referred has not reported the joint     
resolution within #fj days after the    
date of referral of the joint           
resolution1 that committee shall be     
discharged from further consideration of
 the joint resolution and the joint     
resolution shall be placed on the       
appropriate calendar4  7,c7 ,proceeding 
to consideration ,notwithstanding rule  
,,xxii of the ,standing ,rules of the   
,senate1 it is in order at any time     
after either the ,committee on the      
,judiciary or the ,committee on ,foreign
 ,relations1 as the case may be1 reports
 a joint resolution of disapproval to   
the ,senate or has been discharged from 
consideration of such a joint resolution
 7even though a previous motion to the  
same effect has been disagreed to7 to   
move to proceed to the consideration of 
the joint resolution1 and all points of 
order against the joint resolution 7and 
against consideration of the joint      

resolution7 are waived4 ,the motion is  
not subject to a motion to postpone4 ,a 
motion to reconsider the vote by which  
the motion is agreed to or disagreed to 
shall not be in order4  7,d7 ,rulings of
 the ,chair on procedure ,appeals from  
the decisions of the ,chair relating to 
the application of the rules of the     
,senate1 as the case may be1 to the     
procedure relating to a joint resolution
 of disapproval shall be decided without
 debate4  7,e7 ,consideration of veto   
messages ,debate in the ,senate of any  
veto message with respect to a joint    
resolution of disapproval1 including all
 debatable motions and appeals in       
connection with the joint resolution1   
shall be limited to #aj hours1 to be    
equally divided between1 and controlled 
by1 the majority leader and the minority
 leader or their designees4  7#g7 ,rules
 relating to ,senate and ,house of      
,representatives  7,a7 ,treatment of    
,senate joint resolution in ,house ,in  
the ,house of ,representatives1 the     

following procedures shall apply to a   
joint resolution of disapproval received
 from the ,senate 7unless the ,house has
 already passed a joint resolution      
relating to the same proposed action73  
7i7 ,the joint resolution shall be      
referred to the appropriate committees4 
7ii7 ,if a committee to which a joint   
resolution has been referred has not    
reported the joint resolution within #g 
days after the date of referral1 that   
committee shall be discharged from      
further consideration of the joint      
resolution4  7iii7 ,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   
thereof1 it shall be in order to move to
 proceed to consider the joint          
resolution in the ,house4 ,all points of
 order against the motion are waived4   
,such a motion shall not be in order    
after the ,house has disposed of a      

motion to proceed on the joint          
resolution4 ,the previous question shall
 be considered as ordered on the motion 
to its adoption without intervening     
motion4 ,the motion shall not be        
debatable4 ,a motion to reconsider the  
vote by which the motion is disposed of 
shall not be in order4  7iv7 ,the joint 
resolution shall be considered as read4 
,all points of order against the joint  
resolution and against its consideration
 are waived4 ,the previous question     
shall be considered as ordered on the   
joint resolution to final passage       
without intervening motion except #b    
hours of debate equally divided and     
controlled by the sponsor of the joint  
resolution 7or a designee7 and an       
opponent4 ,a motion to reconsider the   
vote on passage of the joint resolution 
shall not be in order4  7,b7 ,treatment 
of house joint resolution in senate  7i7
 ,if1 before the passage by the ,senate 
of a joint resolution of disapproval1   
the ,senate receives an identical joint 

resolution from the ,house of           
,representatives1 the following         
procedures shall apply3  7,i7 ,that     
joint resolution shall not be referred  
to a committee4  7,,ii7 ,with respect to
 that joint resolution--  7aa7 the      
procedure in the ,senate shall be the   
same as if no joint resolution had been 
received from the ,house of             
,representatives2 but  7bb7 the vote on 
passage shall be on the joint resolution
 from the ,house of ,representatives4   
7ii7 ,if1 following passage of a joint  
resolution of disapproval in the        
,senate1 the ,senate receives an        
identical joint resolution from the     
,house of ,representatives1 that joint  
resolution shall be placed on the       
appropriate ,senate calendar4  7iii7 ,if
 a joint resolution of disapproval is   
received from the ,house1 and no        
companion joint resolution has been     
introduced in the ,senate1 the ,senate  
procedures under this subsection shall  
apply to the ,house joint resolution4   

7,c7 ,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        
measure4  7#h7 ,rules of ,house of      
,representatives and ,senate ,this      
subsection is enacted by ,congress--    
7,a7 as an exercise of the rulemaking   
power of the ,senate and the ,house of  
,representatives1 respectively1 and as  
such is deemed a part of the rules of   
each ,house1 respectively1 and          
supersedes other rules only to the      
extent that it is inconsistent with such
 rules2 and  7,b7 with full recognition 
of the constitutional right of either   
,house to change the rules 7so far as   
relating to the procedure of that       
,house7 at any time1 in the same manner1
 and to the same extent as in the case  
of any other rule of that ,house4  7e7  
,renewal of determination  7#a7 ,in     
general ,the ,attorney ,general1 with   
the concurrence of the ,secretary of    

,state1 shall renew a determination     
under subsection 7b7 every #e years4    
7#b7 ,report ,upon renewing a           
determination under subsection 7b71 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-- 
7,a7 the reasons for the renewal2  7,b7 
any substantive changes to the agreement
 or to the relevant laws or procedures  
of the foreign government since the     
original determination or1 in the case  
of a second or subsequent renewal1 since
 the last renewal2 and  7,c7 how the    
agreement has been implemented and what 
problems or controversies1 if any1 have 
arisen as a result of the agreement or  
its implementation4  7#c7 ,nonrenewal   
,if a determination is not renewed under
 paragraph 7#a71 the agreement shall no 
longer be considered to satisfy the     

requirements of this section4  7f7      
,publication ,any determination or      
certification under subsection 7b7      
regarding an executive agreement under  
this section1 including any termination 
or renewal of such an agreement1 shall  
be published in the ,federal ,register  
as soon as is reasonably practicable4   
7g7 ,minimization procedures ,a ,united 
,states authority that receives the     
content of a communication described in 
subsection 7b77#c77;,h7 from a foreign  
government in accordance with an        
executive agreement under this section  
shall use procedures that1 to the       
maximum extent possible1 meet the       
definition of minimization procedures in
 section #aja of the ,foreign           
,intelligence ,surveillance ,act of     
#aigh 7#ej ,u4,s4,c4 #ahja7 to          
appropriately protect nonpublicly       
available information concerning ,united
 ,states persons4  4  7b7 ,table of     
sections amendment ,the table of        
sections for chapter #aai of title #ah1 

,united ,states ,code1 is amended by    
inserting after the item relating to    
section #bebb the following3  #bebc4    
,executive agreements on access to data 
by foreign governments4  4  #f4 ,rule of
 construction ,nothing in this ,act1 or 
the amendments made by this ,act1 shall 
be construed to preclude any foreign    
authority from obtaining assistance in a
 criminal investigation or prosecution  
pursuant to section #ceab of title #ah1 
,united ,states ,code1 section #aghb of 
title #bh1 ,united ,states ,code1 or as 
otherwise provided by law4