currence of the Secretary of State, determines, and sub-
mits a written certification of such determination to Con-
gress, that— 
‘‘(1) the domestic law of the foreign govern-
ment, including the implementation of that law, af-
fords robust substantive and procedural protections 
for privacy and civil liberties in light of the data col-
lection and activities of the foreign government that 
will be subject to the agreement, if— 
‘‘(A) such a determination under this sec-
tion takes into account, as appropriate, credible 
information and expert input; and 
‘‘(B) the factors to be considered in mak-
ing such a determination include whether the 
foreign government— 
‘‘(i) has adequate substantive and pro-
cedural laws on cybercrime and electronic 
evidence, as demonstrated by being a party 
to the Convention on Cybercrime, done at 
Budapest November 23, 2001, and entered 
into force January 7, 2004, or through do-
mestic laws that are consistent with defini-
tions and the requirements set forth in 
chapters I and II of that Convention; 
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‘‘(ii) demonstrates respect for the rule 
of law and principles of nondiscrimination; 
‘‘(iii) adheres to applicable inter-
national human rights obligations and 
commitments or demonstrates respect for 
international universal human rights, in-
cluding— 
‘‘(I) protection from arbitrary 
and unlawful interference with pri-
vacy; 
‘‘(II) fair trial rights; 
‘‘(III) freedom of expression, as-
sociation, and peaceful assembly; 
‘‘(IV) prohibitions on arbitrary 
arrest and detention; and 
‘‘(V) prohibitions against torture 
and cruel, inhuman, or degrading 
treatment or punishment; 
‘‘(iv) has clear legal mandates and 
procedures governing those entities of the 
foreign government that are authorized to 
seek data under the executive agreement, 
including procedures through which those 
authorities collect, retain, use, and share 
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data, and effective oversight of these ac-
tivities; 
‘‘(v) has sufficient mechanisms to pro-
vide accountability and appropriate trans-
parency regarding the collection and use of 
electronic data by the foreign government; 
and 
‘‘(vi) demonstrates a commitment to 
promote and protect the global free flow of 
information and the open, distributed, and 
interconnected nature of the Internet; 
‘‘(2) the foreign government has adopted appro-
priate procedures to minimize the acquisition, reten-
tion, and dissemination of information concerning 
United States persons subject to the agreement; and 
‘‘(3) the agreement requires that, with respect 
to any order that is subject to the agreement— 
‘‘(A) the foreign government may not in-
tentionally target a United States person or a 
person located in the United States, and shall 
adopt targeting procedures designed to meet 
this requirement; 
‘‘(B) the foreign government may not tar-
get a non-United States person located outside 
the United States if the purpose is to obtain in-
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formation concerning a United States person or 
a person located in the United States; 
‘‘(C) the foreign government may not issue 
an order at the request of or to obtain informa-
tion to provide to the United States Govern-
ment or a third-party government, nor shall the 
foreign government be required to share any in-
formation produced with the United States 
Government or a third-party government; 
‘‘(D) an order issued by the foreign gov-
ernment— 
‘‘(i) shall be for the purpose of obtain-
ing information relating to the prevention, 
detection, investigation, or prosecution of 
serious crime, including terrorism; 
‘‘(ii) shall identify a specific person, 
account, address, or personal device, or 
any other specific identifier as the object of 
the order; 
‘‘(iii) shall be in compliance with the 
domestic law of that country, and any obli-
gation for a provider of an electronic com-
munications service or a remote computing 
service to produce data shall derive solely 
from that law; 
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‘‘(iv) shall be based on requirements 
for a reasonable justification based on 
articulable and credible facts, particularity, 
legality, and severity regarding the conduct 
under investigation; 
‘‘(v) shall be subject to review or over-
sight by a court, judge, magistrate, or 
other independent authority; and 
‘‘(vi) in the case of an order for the 
interception of wire or electronic commu-
nications, and any extensions thereof, shall 
require that the interception order— 
‘‘(I) be for a fixed, limited dura-
tion; 
‘‘(II) may not last longer than is 
reasonably necessary to accomplish 
the approved purposes of the order; 
and 
‘‘(III) be issued only if the same 
information could not reasonably be 
obtained by another less intrusive 
method; 
‘‘(E) an order issued by the foreign gov-
ernment may not be used to infringe freedom of 
speech; 
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‘‘(F) the foreign government shall prompt-
ly review material collected pursuant to the 
agreement and store any unreviewed commu-
nications on a secure system accessible only to 
those persons trained in applicable procedures; 
‘‘(G) the foreign government shall, using 
procedures that, to the maximum extent pos-
sible, meet the definition of minimization proce-
dures in section 101 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801), seg-
regate, seal, or delete, and not disseminate ma-
terial found not to be information that is, or is 
necessary to understand or assess the impor-
tance of information that is, relevant to the pre-
vention, detection, investigation, or prosecution 
of serious crime, including terrorism, or nec-
essary to protect against a threat of death or 
serious bodily harm to any person; 
‘‘(H) the foreign government may not dis-
seminate the content of a communication of a 
United States person to United States authori-
ties unless the communication may be dissemi-
nated pursuant to subparagraph (G) and re-
lates to significant harm, or the threat thereof, 
to the United States or United States persons, 
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including crimes involving national security 
such as terrorism, significant violent crime, 
child 
exploitation, 
transnational 
organized 
crime, or significant financial fraud; 
‘‘(I) the foreign government shall afford 
reciprocal rights of data access, to include, 
where applicable, removing restrictions on com-
munications service providers, including pro-
viders subject to United States jurisdiction, and 
thereby allow them to respond to valid legal 
process sought by a governmental entity (as de-
fined in section 2711) if foreign law would oth-
erwise prohibit communications-service pro-
viders from disclosing the data; 
‘‘(J) 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 Government; 
and 
‘‘(K) the United States Government shall 
reserve the right to render the agreement inap-
plicable as to any order for which the United 
States Government concludes the agreement 
may not properly be invoked. 
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‘‘(c) LIMITATION ON JUDICIAL REVIEW.—A deter-
mination or certification made by the Attorney General 
under subsection (b) shall not be subject to judicial or ad-
ministrative review. 
‘‘(d) EFFECTIVE DATE OF CERTIFICATION.— 
‘‘(1) NOTICE.—Not later than 7 days after the 
date on which the Attorney General certifies an ex-
ecutive 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 Sen-
ate; and 
‘‘(B) the Committee on the Judiciary and 
the Committee on Foreign Affairs of the House 
of Representatives. 
‘‘(2) ENTRY INTO FORCE.—An executive agree-
ment that is determined and certified by the Attor-
ney General to satisfy the requirements of this sec-
tion shall enter into force not earlier than the date 
that is 90 days after the date on which notice is pro-
vided under paragraph (1), unless Congress enacts 
a joint resolution of disapproval in accordance with 
paragraph (4). 
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‘‘(3) CONSIDERATION BY COMMITTEES.— 
‘‘(A) IN GENERAL.—During the 60-day pe-
riod beginning on the date on which notice is 
provided under paragraph (1), each congres-
sional committee described in paragraph (1) 
may— 
‘‘(i) hold one or more hearings on the 
executive agreement; and 
‘‘(ii) submit to their respective House 
of Congress a report recommending wheth-
er the executive agreement should be ap-
proved or disapproved. 
‘‘(B) 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 consid-
ered in determining that the foreign govern-
ment 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 90-day pe-
riod described in paragraph (2); 
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‘‘(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 States and 
ll.’, the blank space being appropriately 
filled in; and 
‘‘(iv) the matter after the resolving 
clause of which is as follows: ‘That Con-
gress disapproves the executive agreement 
governing access by lll to certain elec-
tronic data as submitted by the Attorney 
General on lll’, the blank spaces being 
appropriately filled in. 
‘‘(B) JOINT RESOLUTION ENACTED.—Not-
withstanding any other provision of this section, 
if not later than 90 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 agree-
ment under this section, the executive agree-
ment shall not enter into force. 
‘‘(C) INTRODUCTION.—During the 90-day 
period described in subparagraph (B), a joint 
resolution of disapproval may be introduced— 
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‘‘(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 dis-
approval has been referred has not reported the joint 
resolution within 60 days after the date of referral, 
that committee shall be discharged from further con-
sideration of the joint resolution. 
‘‘(6) CONSIDERATION IN THE SENATE.— 
‘‘(A) COMMITTEE REFERRAL.—A joint res-
olution of disapproval introduced in the Senate 
shall be— 
‘‘(i) referred to the Committee on the 
Judiciary; and 
‘‘(ii) referred to the Committee on 
Foreign Relations. 
‘‘(B) REPORTING AND DISCHARGE.—If a 
committee to which a joint resolution of dis-
approval was referred has not reported the joint 
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resolution within 60 days after the date of re-
ferral 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.— 
Notwithstanding rule XXII of the Standing 
Rules of the Senate, it is in order at any time 
after either the Committee on the Judiciary or 
the Committee on Foreign Relations, as the 
case may be, reports a joint resolution of dis-
approval to the Senate or has been discharged 
from consideration of such a joint resolution 
(even though a previous motion to the same ef-
fect 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 resolu-
tion) are waived. The motion is not 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) RULINGS OF THE CHAIR ON PROCE-
DURE.—Appeals from the decisions of the Chair 
relating to the application of the rules of the 
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