‘‘(H) if the legal process has been sought 
on behalf of a foreign authority pursuant to 
section 3512, the investigative interests of the 
foreign authority making the request for assist-
ance. 
‘‘(4) DISCLOSURE OBLIGATIONS DURING PEND-
ENCY OF CHALLENGE.—A service provider shall pre-
serve, but not be obligated to produce, information 
sought during the pendency of a motion brought 
under this subsection, unless the court finds that im-
mediate production is necessary to prevent an ad-
verse result identified in section 2705(a)(2). 
‘‘(5) DISCLOSURE
TO
QUALIFYING
FOREIGN 
GOVERNMENT.—(A) It shall not constitute a viola-
tion of a protective order issued under section 2705 
for a provider of electronic communication service to 
the public or remote computing service to disclose to 
the entity within a qualifying foreign government, 
designated in an executive agreement under section 
2523, 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 quali-
fying foreign government. 
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‘‘(B) Nothing in this paragraph shall be con-
strued to modify or otherwise affect any other au-
thority to make a motion to modify or quash a pro-
tective order issued under section 2705.’’. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion, or an amendment made by this section, shall be con-
strued to modify or otherwise affect the common law 
standards governing the availability or application of com-
ity analysis to other types of compulsory process or to in-
stances of compulsory process issued under section 2703 
of title 18, United States Code, as amended by this sec-
tion, and not covered under subsection (h)(2) of such sec-
tion 2703. 
SEC. 4. ADDITIONAL AMENDMENTS TO CURRENT COMMU-
NICATIONS LAWS. 
Title 18, United States Code, is amended— 
(1) in chapter 119— 
(A) in section 2511(2), by adding at the 
end the following: 
‘‘(j) It shall not be unlawful under this chapter for 
a provider of electronic communication service to the pub-
lic 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 de-
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termined and certified to Congress satisfies section 
2523.’’; and 
(B) in section 2520(d), by amending para-
graph (3) to read as follows: 
‘‘(3) a good faith determination that section 
2511(3), 2511(2)(i), or 2511(2)(j) of this title per-
mitted the conduct complained of;’’; 
(2) in chapter 121— 
(A) in section 2702— 
(i) in subsection (b)— 
(I) in paragraph (8), by striking 
the period at the end and inserting ‘‘; 
or’’; and 
(II) by adding at the end the fol-
lowing: 
‘‘(9) 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 2523.’’; and 
(ii) in subsection (c)— 
(I) in paragraph (5), by striking 
‘‘or’’ at the end; 
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(II) in paragraph (6), by striking 
the period at the end and inserting ‘‘; 
or’’; and 
(III) by adding at the end the 
following: 
‘‘(7) 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 2523.’’; and 
(B) in section 2707(e), by amending para-
graph (3) to read as follows: 
‘‘(3) a good faith determination that section 
2511(3), section 2702(b)(9), or section 2702(c)(7) 
of this title permitted the conduct complained of;’’; 
and 
(3) in chapter 206— 
(A) in section 3121(a), by inserting before 
the period at the end the following: ‘‘or an 
order from a foreign government that is subject 
to an executive agreement that the Attorney 
General has determined and certified to Con-
gress satisfies section 2523’’; and 
(B) in section 3124— 
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(i) by amending subsection (d) to read 
as follows: 
‘‘(d) 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 service, its officers, 
employees, agents, or other specified persons for providing 
information, facilities, or assistance in accordance with a 
court order under this chapter, request pursuant to section 
3125 of this title, or an order from a foreign government 
that is subject to an executive agreement that the Attor-
ney General has determined and certified to Congress sat-
isfies section 2523.’’; and 
(ii) by amending subsection (e) to 
read as follows: 
‘‘(e) DEFENSE.—A good faith reliance on a court 
order under this chapter, a request pursuant to section 
3125 of this title, a legislative authorization, a statutory 
authorization, or a good faith determination that the con-
duct complained of was permitted by an order from a for-
eign government that is subject to executive agreement 
that the Attorney General has determined and certified 
to Congress satisfies section 2523, is a complete defense 
against any civil or criminal action brought under this 
chapter or any other law.’’. 
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SEC. 5. EXECUTIVE AGREEMENTS ON ACCESS TO DATA BY 
FOREIGN GOVERNMENTS. 
(a) IN GENERAL.—Chapter 119 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 2523. Executive agreements on access to data by 
foreign governments 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘lawfully admitted for permanent 
residence’ has the meaning given the term in section 
101(a) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)); and 
‘‘(2) the term ‘United States person’ means a 
citizen or national of the United States, an alien 
lawfully admitted for permanent residence, an unin-
corporated association a substantial number of mem-
bers of which are citizens of the United States or 
aliens lawfully admitted for permanent residence, or 
a corporation that is incorporated in the United 
States. 
‘‘(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 require-
ments of this section if the Attorney General, with the con-
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