I 
115TH CONGRESS 
2D SESSION 
H. R. 4943 
To amend title 18, United States Code, to improve law enforcement access 
to data stored across borders, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 6, 2018 
Mr. COLLINS
of Georgia (for himself, Mr. JEFFRIES, Mr. ISSA, Ms. 
DELBENE, Mr. MARINO, Mr. RUTHERFORD, and Mrs. DEMINGS) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, and in addition to the Committee on Rules, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To amend title 18, United States Code, to improve law 
enforcement access to data stored across borders, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Clarifying Lawful 
Overseas Use of Data Act’’ or the ‘‘CLOUD Act’’. 
SEC. 2. CONGRESSIONAL FINDINGS. 
Congress finds the following: 
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(1) Timely access to electronic data held by 
communications-service providers is an essential 
component of government efforts to protect public 
safety and combat serious crime, including ter-
rorism. 
(2) Such efforts by the United States Govern-
ment are being impeded by the inability to access 
data stored outside the United States that is in the 
custody, control, or possession of communications- 
service providers that are subject to jurisdiction of 
the United States. 
(3) Foreign governments also increasingly seek 
access to electronic data held by communications- 
service providers in the United States for the pur-
pose of combating serious crime. 
(4) Communications-service providers face po-
tential conflicting legal obligations when a foreign 
government orders production of electronic data that 
United States law may prohibit providers from dis-
closing. 
(5) Foreign law may create similarly conflicting 
legal obligations when chapter 121 of title 18, 
United States Code (commonly known as the 
‘‘Stored Communications Act’’), requires disclosure 
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of electronic data that foreign law prohibits commu-
nications-service providers from disclosing. 
(6) International agreements provide a mecha-
nism 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 liberties. 
SEC. 3. PRESERVATION OF RECORDS; COMITY ANALYSIS OF 
LEGAL PROCESS. 
(a) REQUIRED PRESERVATION AND DISCLOSURE OF 
COMMUNICATIONS AND RECORDS.— 
(1) AMENDMENT.—Chapter 121 of title 18, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 2713. Required preservation and disclosure of com-
munications and records 
‘‘A provider of electronic communication service or 
remote computing service shall comply with the obligations 
of this chapter to preserve, backup, or disclose the con-
tents of a wire or electronic communication and any record 
or other information pertaining to a customer or sub-
scriber within such provider’s possession, custody, or con-
trol, regardless of whether such communication, record, or 
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other information is located within or outside of the 
United States.’’. 
(2) TABLE OF SECTIONS.—The table of sections 
for chapter 121 of title 18, United States Code, is 
amended by inserting after the item relating to sec-
tion 2712 the following: 
‘‘2713. Required preservation and disclosure of communications and records.’’. 
(b) COMITY ANALYSIS OF LEGAL PROCESS SEEKING 
CONTENTS
OF
WIRE
OR
ELECTRONIC
COMMUNICA-
TION.—Section 2703 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(h) COMITY ANALYSIS AND DISCLOSURE OF INFOR-
MATION REGARDING LEGAL PROCESS SEEKING CON-
TENTS OF WIRE OR ELECTRONIC COMMUNICATION.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘qualifying foreign govern-
ment’ means a foreign government— 
‘‘(i) with which the United States has 
an executive agreement that has entered 
into force under section 2523; and 
‘‘(ii) the laws of which provide to elec-
tronic communication service providers and 
remote computing service providers sub-
stantive and procedural opportunities simi-
lar to those provided under paragraphs (2) 
and (5); and 
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‘‘(B) the term ‘United States person’ has 
the meaning given the term in section 2523. 
‘‘(2) MOTIONS TO QUASH OR MODIFY.—(A) A 
provider of electronic communication service to the 
public or remote computing service, that is being re-
quired to disclose pursuant to legal process issued 
under this section the contents of a wire or elec-
tronic communication of a subscriber or customer, 
may file a motion to modify or quash the legal proc-
ess where the provider reasonably believes— 
‘‘(i) that the customer or subscriber is not 
a United States person and does not reside in 
the United States; and 
‘‘(ii) that the required disclosure would 
create a material risk that the provider would 
violate the laws of a qualifying foreign govern-
ment. 
Such a motion shall be filed not later than 14 days 
after the date on which the provider was served with 
the legal process, absent agreement with the govern-
ment or permission from the court to extend the 
deadline based on an application made within the 14 
days. The right to move to quash is without preju-
dice to any other grounds to move to quash or de-
fenses thereto, but it shall be the sole basis for mov-
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ing to quash on the grounds of a conflict of law re-
lated to a qualifying foreign government. 
‘‘(B) Upon receipt of a motion filed pursuant to 
subparagraph (A), the court shall afford the govern-
mental entity that applied for or issued the legal 
process under this section the opportunity to re-
spond. The court may modify or quash the legal 
process, as appropriate, only if the court finds 
that— 
‘‘(i) the required disclosure would cause 
the provider to violate the laws of a qualifying 
foreign government; 
‘‘(ii) based on the totality of the cir-
cumstances, the interests of justice dictate that 
the legal process should be modified or quashed; 
and 
‘‘(iii) the customer or subscriber is not a 
United States person and does not reside in the 
United States. 
‘‘(3) COMITY ANALYSIS.—For purposes of mak-
ing a determination under paragraph (2)(B)(ii), the 
court shall take into account, as appropriate— 
‘‘(A) the interests of the United States, in-
cluding the investigative interests of the govern-
mental entity seeking to require the disclosure; 
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‘‘(B) the interests of the qualifying foreign 
government in preventing any prohibited disclo-
sure; 
‘‘(C) the likelihood, extent, and nature of 
penalties to the provider or any employees of 
the provider as a result of inconsistent legal re-
quirements imposed on the provider; 
‘‘(D) the location and nationality of the 
subscriber or customer whose communications 
are being sought, if known, and the nature and 
extent of the subscriber or customer’s connec-
tion to the United States, or if the legal process 
has been sought on behalf of a foreign authority 
pursuant to section 3512, the nature and extent 
of the subscriber or customer’s connection to 
the foreign authority’s country; 
‘‘(E) the nature and extent of the pro-
vider’s ties to and presence in the United 
States; 
‘‘(F) the importance to the investigation of 
the information required to be disclosed; 
‘‘(G) the likelihood of timely and effective 
access to the information required to be dis-
closed through means that would cause less se-
rious negative consequences; and 
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