2107 
(iii) in the case of the repeal of section 
1400C of such Code, principal residences ac-
quired before January 1, 2012. 
(5) RENEWAL COMMUNITY PROVISIONS.— 
(A) IN GENERAL.—Chapter 1 is amended by 
striking subchapter X (and by striking the item 
relating to such subchapter in the table of sub-
chapters for such chapter). 
(B) CONFORMING AMENDMENTS.— 
(i) Section 469(i)(3) is amended by 
striking subparagraph (C) and by redesig-
nating subparagraphs (D), (E), and (F) as 
subparagraphs (C), (D), and (E), respec-
tively. 
(ii) Section 469(i)(3)(D), as so redesig-
nated, is amended to read as follows: 
‘‘(D) ORDERING
RULE.—Paragraph (1) 
shall be applied for any taxable year— 
‘‘(i) first, to the passive activity loss, 
‘‘(ii) second, to the portion of the pas-
sive activity credit to which subparagraph 
(B) and (C) does not apply, 
‘‘(iii) third, to the portion of such cred-
it to which subparagraph (B) applies, and
2108 
‘‘(iv) then, to the portion of such credit 
to which subparagraph (C) applies.’’. 
(iii) Section 469(i)(6)(B) is amend-
ed— 
(I) by striking ‘‘, REHABILITATION 
CREDIT, OR COMMERCIAL REVITALIZA-
TION DEDUCTION’’ in the heading and 
inserting ‘‘OR REHABILITATION CRED-
IT’’, 
(II) by adding ‘‘or’’ at the end of 
clause (i), 
(III) by striking ‘‘, or’’ at the end 
of clause (ii) and inserting a comma, 
and 
(IV) by striking clause (iii). 
(iv) Section 1397B(b)(1), as amended 
by the preceding provisions of this Act, is 
amended by adding at the end the following 
new subparagraph: 
‘‘(B) REFERENCES.—Any reference in this 
paragraph to section 1400F shall be treated as 
reference to such section before its repeal.’’. 
(v) Section 1397B(b)(5) is amended by 
striking ‘‘which is sold—’’ and all that fol-
lows and inserting ‘‘which is sold, the tax-
2109 
payer’s holding period for such asset and 
the asset referred to in subsection (a)(1) 
shall be determined without regard to sec-
tion 1223.’’. 
(C) SAVINGS
PROVISIONS.—The amend-
ments made by this paragraph shall not apply 
to— 
(i) in the case of the repeal of section 
1400F of the Internal Revenue Code of 
1986, qualified community assets (as de-
fined in such section, as in effect before its 
repeal) which were acquired by the taxpayer 
before January 1, 2010, 
(ii) in the case of the repeal section 
1400H of such Code, wages paid or in-
curred before January 1, 2010, 
(iii) in the case of the repeal of section 
1400I of such Code, qualified revitalization 
buildings (as defined in such section, as in 
effect before its repeal) which were placed in 
service before January 1, 2010, and 
(iv) in the case of the repeal of section 
1400J of such Code, property acquired be-
fore January 1, 2010. 
(6) SHORT-TERM REGIONAL BENEFITS.—
2110 
(A) IN GENERAL.—Chapter 1 is amended by 
striking subchapter Y (and by striking the item 
relating to such subchapter in the table of sub-
chapters for such chapter). 
(B) CONFORMING AMENDMENTS.— 
(i) Section 38(b), as amended by the 
preceding provisions of this Act, is amended 
by striking paragraphs (26), (27), (28), and 
(29) and by redesignating paragraphs (30) 
through (36) as paragraphs (26) through 
(32), respectively. 
(ii) 
Section 
38(c)(2)(A)(ii)(II), 
as 
amended by the preceding provisions of this 
Act, is amended by striking ‘‘, the New York 
Liberty Zone business employee credit,’’. 
(iii) Section 38(c) is amended by strik-
ing paragraph (3). 
(iv) Section 280C(a), as amended by 
the preceding provisions of this Act, is 
amended by striking ‘‘1396(a), 1400P(b), 
and 1400R’’ and inserting ‘‘and 1396(a)’’. 
(v) Section 6033(b)(14) is amended by 
striking ‘‘including the amount and use of 
qualified contributions to which section 
1400S(a) applies,’’.
2111 
(vi) Section 6049(d)(8)(A) is amend-
ed— 
(I) by striking ‘‘or 1400N(l)(6)’’, 
and 
(II) 
by 
striking 
‘‘or 
1400N(l)(2)(D), as the case may be’’. 
(C) SAVINGS
PROVISIONS.—The amend-
ments made by this paragraph shall not apply 
to— 
(i) in the case of the repeal of section 
1400L(a) of the Internal Revenue Code of 
1986, qualified wages (as defined in such 
section, as in effect before its repeal) which 
were paid or incurred before January 1, 
2004, 
(ii) in the case of the repeal of sub-
sections (b) and (f) of section 1400L of such 
Code, qualified New York Liberty Zone 
property (as defined in section 1400L(b) of 
such Code, as in effect before its repeal) 
placed in service before January 1, 2010, 
(iii) in the case of the repeal of section 
1400L(c) of such Code, qualified New York 
Liberty Zone leasehold improvement prop-
erty (as defined in such section, as in effect
2112 
before its repeal) placed in service before 
January 1, 2007, 
(iv) in the case of the repeal of section 
1400L(d) of such Code, qualified New York 
Liberty bonds (as defined in such section, as 
in effect before its repeal) issued before Jan-
uary 1, 2014, 
(v) in the case of the repeal of section 
1400L(e) of such Code, advanced refundings 
before January 1, 2006, 
(vi) in the case of the repeal of section 
1400L(g) of such Code, property which is 
compulsorily or involuntarily converted as 
a result of the terrorist attacks on Sep-
tember 11, 2001, 
(vii) in the case of the repeal of section 
1400N(a) of such Code, obligations issued 
before January 1, 2012, 
(viii) in the case of the repeal of sec-
tion 1400N(b) of such Code, advanced 
refundings before January 1, 2011, 
(ix) in the case of the repeal of section 
1400N(d) of such Code, property placed in 
service before January 1, 2012,
2113 
(x) in the case of the repeal of section 
1400N(e) of such Code, property placed in 
service before January 1, 2009, 
(xi) in the case of the repeal of sub-
sections (f) and (g) of section 1400N of such 
Code, amounts paid or incurred before Jan-
uary 1, 2008, 
(xii) in the case of the repeal of section 
1400N(h) of such Code, amounts paid or in-
curred before January 1, 2012, 
(xiii) in the case of the repeal of sec-
tion 1400N(k)(1)(B) of such Code, losses 
arising in taxable years beginning before 
January 1, 2008, 
(xiv) in the case of the repeal of section 
1400N(l) of such Code, bonds issued before 
January 1, 2007, 
(xv) in the case of the repeal of section 
1400Q(a) of such Code, distributions before 
January 1, 2007, 
(xvi) in the case of the repeal of section 
1400Q(b) of such Code, contributions before 
March 1, 2006,
2114 
(xvii) in the case of the repeal of sec-
tion 1400Q(c) of such Code, loans made be-
fore January 1, 2007, 
(xviii) in the case of the repeal of sec-
tion 1400R of such Code, wages paid or in-
curred before January 1, 2006, 
(xix) in the case of the repeal of section 
1400S(a) of such Code, contributions paid 
before January 1, 2006, 
(xx) in the case of the repeal of section 
1400T of such Code, financing provided be-
fore January 1, 2011, and 
(xxi) in the case of the repeal of part 
III of subchapter Y of chapter 1 of such 
Code, obligations issued before January 1, 
2011. 
(7) PROVISIONS RELATED TO COBRA PREMIUM 
ASSISTANCE.— 
(A) IN GENERAL.—Subchapter B of chapter 
65 is amended by striking section 6432 (and by 
striking the item relating to such section in the 
table of sections for such subchapter). 
(B) NOTIFICATION REQUIREMENT.—Part I 
of subchapter B of chapter 68 is amended by 
striking section 6720C (and by striking the item
2115 
relating to such section in the table of sections 
for such part). 
(C) EXCLUSION
FROM
GROSS
INCOME.— 
Part III of subchapter B of chapter 1 is amended 
by striking section 139C (and by striking the 
item relating to such section in the table of sec-
tions for such part). 
(8) EFFECTIVE DATE OF PRESIDENTIAL ELEC-
TION CAMPAIGN FUND.—Chapter 95 is amended by 
striking section 9013 (and by striking the item relat-
ing to such section in the table of sections for such 
chapter). 
(e) GENERAL SAVINGS PROVISION WITH RESPECT TO 
DEADWOOD PROVISIONS.—If— 
(1) any provision amended or repealed by the 
amendments made by subsection (b) or (d) applied 
to— 
(A) any transaction occurring before the 
date of the enactment of this Act, 
(B) any property acquired before such date 
of enactment, or 
(C) any item of income, loss, deduction, or 
credit taken into account before such date of en-
actment, and
2116 
(2) the treatment of such transaction, property, 
or item under such provision would (without regard 
to the amendments or repeals made by such sub-
section) affect the liability for tax for periods ending 
after such date of enactment, 
nothing in the amendments or repeals made by this section 
shall be construed to affect the treatment of such trans-
action, property, or item for purposes of determining liabil-
ity for tax for periods ending after such date of enactment. 
DIVISION V—CLOUD ACT 
SEC. 101. SHORT TITLE. 
This division may be cited as the ‘‘Clarifying Lawful 
Overseas Use of Data Act’’ or the ‘‘CLOUD Act’’. 
SEC. 102. CONGRESSIONAL FINDINGS. 
Congress finds the following: 
(1) Timely access to electronic data held by com-
munications-service providers is an essential compo-
nent of government efforts to protect public safety and 
combat serious crime, including terrorism. 
(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.
2117 
(3) Foreign governments also increasingly seek 
access to electronic data held by communications-serv-
ice providers in the United States for the purpose of 
combating serious crime. 
(4) Communications-service providers face poten-
tial conflicting legal obligations when a foreign gov-
ernment 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 Com-
munications Act’’), requires disclosure of electronic 
data that foreign law prohibits communications-serv-
ice providers from disclosing. 
(6) International agreements provide a mecha-
nism for resolving these potential conflicting legal ob-
ligations 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. 103. PRESERVATION OF RECORDS; COMITY ANALYSIS 
OF LEGAL PROCESS. 
(a) REQUIRED PRESERVATION AND DISCLOSURE OF 
COMMUNICATIONS AND RECORDS.—
2118 
(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 re-
mote computing service shall comply with the obligations 
of this chapter to preserve, backup, 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 possession, custody, or control, re-
gardless of whether such communication, record, or 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 COMMUNICATION.— 
Section 2703 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘(h) COMITY ANALYSIS AND DISCLOSURE OF INFORMA-
TION REGARDING LEGAL PROCESS SEEKING CONTENTS OF 
WIRE OR ELECTRONIC COMMUNICATION.—
2119 
‘‘(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 
‘‘(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, including a for-
eign electronic communication service or remote com-
puting service, that is being required to disclose pur-
suant to legal process issued under this section the 
contents of a wire or electronic communication of a 
subscriber or customer, may file a motion to modify 
or quash the legal process where the provider reason-
ably believes—
2120 
‘‘(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 cre-
ate a material risk that the provider would vio-
late the laws of a qualifying foreign government. 
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 government or permission from the 
court to extend the deadline based on an applica-
tion made within the 14 days. The right to move 
to quash is without prejudice to any other 
grounds to move to quash or defenses thereto, but 
it shall be the sole basis for moving to quash on 
the grounds of a conflict of law related 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 respond. 
The court may modify or quash the legal process, as 
appropriate, only if the court finds that—
2125 
(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 de-
termined and certified to Congress satisfies section 
2523.’’; and 
(ii) in subsection (c)— 
(I) in paragraph (5), by striking 
‘‘or’’ at the end; 
(II) in paragraph (6), by striking 
the period at the end and inserting ‘‘; 
or’’; and 
(III) by adding at the end the fol-
lowing: 
‘‘(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 de-
termined and certified to Congress satisfies section 
2523.’’; and 
(B) in section 2707(e), by amending para-
graph (3) to read as follows:
2126 
‘‘(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 Congress satisfies 
section 2523’’; and 
(B) in section 3124— 
(i) by amending subsection (d) to read 
as follows: 
‘‘(d) NO CAUSE OF ACTION AGAINST A PROVIDER DIS-
CLOSING 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, em-
ployees, agents, or other specified persons for providing in-
formation, 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 Attorney 
General has determined and certified to Congress satisfies 
section 2523.’’; and
2127 
(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 authoriza-
tion, or a good faith determination that the conduct com-
plained of was permitted by an order from a foreign govern-
ment that is subject to executive agreement that the Attor-
ney General has determined and certified to Congress satis-
fies section 2523, is a complete defense against any civil 
or criminal action brought under this chapter or any other 
law.’’. 
SEC. 105. 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 following: 
‘‘§ 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 cit-
izen or national of the United States, an alien law-
2128 
fully admitted for permanent residence, an unincor-
porated association a substantial number of members 
of which are citizens of the United States or aliens 
lawfully admitted for permanent residence, or a cor-
poration 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 govern-
ment 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 cer-
tification of such determination to Congress, including a 
written certification and explanation of each consideration 
in paragraphs (1), (2), (3), and (4), that— 
‘‘(1) the domestic law of the foreign government, 
including the implementation of that law, affords ro-
bust substantive and procedural protections for pri-
vacy and civil liberties in light of the data collection 
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
2129 
‘‘(B) the factors to be met in making such 
a determination include whether the foreign gov-
ernment— 
‘‘(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; 
‘‘(ii) demonstrates respect for the rule 
of law and principles of nondiscrimination; 
‘‘(iii) adheres to applicable inter-
national human rights obligations and com-
mitments or demonstrates respect for inter-
national universal human rights, includ-
ing— 
‘‘(I) protection from arbitrary 
and unlawful interference with pri-
vacy; 
‘‘(II) fair trial rights; 
‘‘(III) freedom of expression, asso-
ciation, and peaceful assembly;
2130 
‘‘(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, in-
cluding procedures through which those au-
thorities collect, retain, use, and share data, 
and effective oversight of these activities; 
‘‘(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;
2131 
‘‘(3) the terms of the agreement shall not create 
any obligation that providers be capable of decrypting 
data or limitation that prevents providers from 
decrypting data; and 
‘‘(4) the agreement requires that, with respect to 
any order that is subject to the agreement— 
‘‘(A) the foreign government may not inten-
tionally target a United States person or a per-
son located in the United States, and shall adopt 
targeting procedures designed to meet this re-
quirement; 
‘‘(B) the foreign government may not target 
a non-United States person located outside the 
United States if the purpose is to obtain infor-
mation 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 Government 
or a third-party government, nor shall the for-
eign government be required to share any infor-
mation produced with the United States Govern-
ment or a third-party government; 
‘‘(D) an order issued by the foreign govern-
ment—
2132 
‘‘(i) shall be for the purpose of obtain-
ing information relating to the prevention, 
detection, investigation, or prosecution of se-
rious 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; 
‘‘(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 prior to, or in pro-
ceedings regarding, enforcement of the order; 
and
2133 
‘‘(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; and 
‘‘(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 govern-
ment may not be used to infringe freedom of 
speech; 
‘‘(F) the foreign government shall promptly 
review material collected pursuant to the agree-
ment and store any unreviewed communications 
on a secure system accessible only to those per-
sons trained in applicable procedures; 
‘‘(G) the foreign government shall, using 
procedures that, to the maximum extent possible, 
meet the definition of minimization procedures 
in section 101 of the Foreign Intelligence Sur-
2134 
veillance Act of 1978 (50 U.S.C. 1801), segregate, 
seal, or delete, and not disseminate material 
found not to be information that is, or is nec-
essary to understand or assess the importance of 
information that is, relevant to the prevention, 
detection, investigation, or prosecution of serious 
crime, including terrorism, or necessary to pro-
tect 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 relates 
to significant harm, or the threat thereof, to the 
United States or United States persons, includ-
ing crimes involving national security such as 
terrorism, significant violent crime, child exploi-
tation, transnational organized crime, or signifi-
cant financial fraud; 
‘‘(I) the foreign government shall afford re-
ciprocal rights of data access, to include, where 
applicable, removing restrictions on communica-
tions service providers, including providers sub-
ject to United States jurisdiction, and thereby
2135 
allow them to respond to valid legal process 
sought by a governmental entity (as defined in 
section 2711) if foreign law would otherwise pro-
hibit communications-service providers from dis-
closing the data; 
‘‘(J) the foreign government shall agree to 
periodic review of compliance by the foreign gov-
ernment 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 inappli-
cable as to any order for which the United States 
Government concludes the agreement may not 
properly be invoked. 
‘‘(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 execu-
tive 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—
2136 
‘‘(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 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 para-
graph (4). 
‘‘(3) REQUESTS FOR INFORMATION.—Upon re-
quest by the Chairman or Ranking Member of a con-
gressional 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—
2137 
‘‘(i) introduced during the 180-day pe-
riod 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 States and 
ll.’, 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 gov-
erning 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 180 days after the date on 
which notice is provided to Congress under para-
graph (1), there is enacted into law a joint reso-
lution disapproving of an executive agreement 
under this section, the executive agreement shall 
not enter into force.
2138 
‘‘(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 lead-
er; and 
‘‘(ii) in the Senate, by the majority 
leader (or the majority leader’s designee) or 
the minority leader (or the minority lead-
er’s designee). 
‘‘(5) FLOOR CONSIDERATION IN HOUSE OF REP-
RESENTATIVES.—If a committee of the House of Rep-
resentatives 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 com-
mittee shall be discharged from further consideration 
of the joint resolution. 
‘‘(6) CONSIDERATION IN THE SENATE.— 
‘‘(A) COMMITTEE REFERRAL.—A joint reso-
lution of disapproval introduced in the Senate 
shall be referred jointly— 
‘‘(i) to the Committee on the Judici-
ary; and 
‘‘(ii) to the Committee on Foreign Re-
lations.
2139 
‘‘(B) REPORTING
AND
DISCHARGE.—If a 
committee to which a joint resolution of dis-
approval was referred has not reported the joint 
resolution within 120 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.—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 con-
sideration of such a joint resolution (even though 
a previous motion to the same effect has been 
disagreed to) to move to proceed to the consider-
ation 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 mo-
tion 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,
2140 
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 and those oppos-
ing 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 mo-
tion to proceed to the consideration of other busi-
ness, or a motion to recommit the joint resolu-
tion is not in order. 
‘‘(E) 
CONSIDERATION
OF
VETO
MES-
SAGES.—Debate in the Senate of any veto mes-
sage with respect to a joint resolution of dis-
approval, including all debatable motions and 
appeals in connection with the joint resolution, 
shall be limited to 10 hours, to be equally di-
vided 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 RESO-
LUTION IN HOUSE.—In the House of Representa-
tives, the following procedures shall apply to a 
joint resolution of disapproval received from the 
Senate (unless the House has already passed a
2141 
joint resolution relating to the same proposed ac-
tion): 
‘‘(i) The joint resolution shall be re-
ferred 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 dis-
charged from further consideration of the 
joint resolution. 
‘‘(iii) Beginning on the third legisla-
tive 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 there-
of, it shall be in order to move to proceed 
to consider the joint resolution in the 
House. All points of order against the mo-
tion 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 with-
out intervening motion. The motion shall 
not be debatable. A motion to reconsider the