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Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Activities Inventory Reform 
Act of 1998''.
SEC. 2. ANNUAL LISTS OF GOVERNMENT ACTIVITIES NOT INHERENTLY 
GOVERNMENTAL IN NATURE.
    (a) Lists Required.--Not later than the end of the third quarter of 
each fiscal year, the head of each executive agency shall submit to the 
Director of the Office of Management and Budget a list of activities 
performed by Federal Government sources for the executive agency that, 
in the judgment of the head of the executive agency, are not inherently 
governmental functions. The entry for an activity on the list shall 
include the following:
        (1) The fiscal year for which the activity first appeared on a 
    list prepared under this section.
        (2) The number of full-time employees (or its equivalent) that 
    are necessary for the performance of the activity by a Federal 
    Government source.
        (3) The name of a Federal Government employee responsible for 
    the activity from whom additional information about the activity 
    may be obtained.
    (b) OMB Review and Consultation.--The Director of the Office of 
Management and Budget shall review the executive agency's list for a 
fiscal year and consult with the head of the executive agency regarding 
the content of the final list for that fiscal year.
    (c) Public Availability of Lists.--
        (1) Publication.--Upon the completion of the review and 
    consultation regarding a list of an executive agency--
            (A) the head of the executive agency shall promptly 
        transmit a copy of the list to Congress and make the list 
        available to the public; and
            (B) the Director of the Office of Management and Budget 
        shall promptly publish in the Federal Register a notice that 
        the list is available to the public.
        (2) Changes.--If the list changes after the publication of the 
    notice as a result of the resolution of a challenge under section 
    3, the head of the executive agency shall promptly--
            (A) make each such change available to the public and 
        transmit a copy of the change to Congress; and
            (B) publish in the Federal Register a notice that the 
        change is available to the public.
    (d) Competition Required.--Within a reasonable time after the date 
on which a notice of the public availability of a list is published 
under subsection (c), the head of the executive agency concerned shall 
review the activities on the list. Each time that the head of the 
executive agency considers contracting with a private sector source for 
the performance of such an activity, the head of the executive agency 
shall use a competitive process to select the source (except as may 
otherwise be provided in a law other than this Act, an Executive order, 
regulations, or any executive branch circular setting forth 
requirements or guidance that is issued by competent executive 
authority). The Director of the Office of Management and Budget shall 
issue guidance for the administration of this subsection.
    (e) Realistic and Fair Cost Comparisons.--For the purpose of 
determining whether to contract with a source in the private sector for 
the performance of an executive agency activity on the list on the 
basis of a comparison of the costs of procuring services from such a 
source with the costs of performing that activity by the executive 
agency, the head of the executive agency shall ensure that all costs 
(including the costs of quality assurance, technical monitoring of the 
performance of such function, liability insurance, employee retirement 
and disability benefits, and all other overhead costs) are considered 
and that the costs considered are realistic and fair.

SEC. 3. CHALLENGES TO THE LIST.

    (a) Challenge Authorized.--An interested party may submit to an 
executive agency a challenge of an omission of a particular activity 
from, or an inclusion of a particular activity on, a list for which a 
notice of public availability has been published under section 2.
    (b) Interested Party Defined.--For the purposes of this section, 
the term ``interested party'', with respect to an activity referred to 
in subsection (a), means the following:
        (1) A private sector source that--
            (A) is an actual or prospective offeror for any contract, 
        or other form of agreement, to perform the activity; and
            (B) has a direct economic interest in performing the 
        activity that would be adversely affected by a determination 
        not to procure the performance of the activity from a private 
        sector source.
        (2) A representative of any business or professional 
    association that includes within its membership private sector 
    sources referred to in paragraph (1).
        (3) An officer or employee of an organization within an 
    executive agency that is an actual or prospective offeror to 
    perform the activity.
        (4) The head of any labor organization referred to in section 
    7103(a)(4) of title 5, United States Code, that includes within its 
    membership officers or employees of an organization referred to in 
    paragraph (3).
    (c) Time for Submission.--A challenge to a list shall be submitted 
to the executive agency concerned within 30 days after the publication 
of the notice of the public availability of the list under section 2.
    (d) Initial Decision.--Within 28 days after an executive agency 
receives a challenge, an official designated by the head of the 
executive agency shall--
        (1) decide the challenge; and
        (2) transmit to the party submitting the challenge a written 
    notification of the decision together with a discussion of the 
    rationale for the decision and an explanation of the party's right 
    to appeal under subsection (e).
    (e) Appeal.--
        (1) Authorization of appeal.--An interested party may appeal an 
    adverse decision of the official to the head of the executive 
    agency within 10 days after receiving a notification of the 
    decision under subsection (d).
        (2) Decision on appeal.--Within 10 days after the head of an 
    executive agency receives an appeal of a decision under paragraph 
    (1), the head of the executive agency shall decide the appeal and 
    transmit to the party submitting the appeal a written notification 
    of the decision together with a discussion of the rationale for the 
    decision.

SEC. 4. APPLICABILITY.

    (a) Executive Agencies Covered.--Except as provided in subsection 
(b), this Act applies to the following executive agencies:
        (1) Executive department.--An executive department named in 
    section 101 of title 5, United States Code.
        (2) Military department.--A military department named in 
    section 102 of title 5, United States Code.
        (3) Independent establishment.--An independent establishment, 
    as defined in section 104 of title 5, United States Code.
    (b) Exceptions.--This Act does not apply to or with respect to the 
following:
        (1) General accounting office.--The General Accounting Office.
        (2) Government corporation.--A Government corporation or a 
    Government controlled corporation, as those terms are defined in 
    section 103 of title 5, United States Code.
        (3) Nonappropriated funds instrumentality.--A part of a 
    department or agency if all of the employees of that part of the 
    department or agency are employees referred to in section 2105(c) 
    of title 5, United States Code.
        (4) Certain depot-level maintenance and repair.--Depot-level 
    maintenance and repair of the Department of Defense (as defined in 
    section 2460 of title 10, United States Code).

SEC. 5. DEFINITIONS.

    In this Act:
        (1) Federal government source.--The term ``Federal Government 
    source'', with respect to performance of an activity, means any 
    organization within an executive agency that uses Federal 
    Government employees to perform the activity.
        (2) Inherently governmental function.--
            (A) Definition.--The term ``inherently governmental 
        function'' means a function that is so intimately related to 
        the public interest as to require performance by Federal 
        Government employees.
            (B) Functions included.--The term includes activities that 
        require either the exercise of discretion in applying Federal 
        Government authority or the making of value judgments in making 
        decisions for the Federal Government, including judgments 
        relating to monetary transactions and entitlements. An 
        inherently governmental function involves, among other things, 
        the interpretation and execution of the laws of the United 
        States so as--
                (i) to bind the United States to take or not to take 
            some action by contract, policy, regulation, authorization, 
            order, or otherwise;
                (ii) to determine, protect, and advance United States 
            economic, political, territorial, property, or other 
            interests by military or diplomatic action, civil or 
            criminal judicial proceedings, contract management, or 
            otherwise;
                (iii) to significantly affect the life, liberty, or 
            property of private persons;
                (iv) to commission, appoint, direct, or control 
            officers or employees of the United States; or
                (v) to exert ultimate control over the acquisition, 
            use, or disposition of the property, real or personal, 
            tangible or intangible, of the United States, including the 
            collection, control, or disbursement of appropriated and 
            other Federal funds.
            (C) Functions excluded.--The term does not normally 
        include--
                (i) gathering information for or providing advice, 
            opinions, recommendations, or ideas to Federal Government 
            officials; or
                (ii) any function that is primarily ministerial and 
            internal in nature (such as building security, mail 
            operations, operation of cafeterias, housekeeping, 
            facilities operations and maintenance, warehouse 
            operations, motor vehicle fleet management operations, or 
            other routine electrical or mechanical services).

SEC. 6. EFFECTIVE DATE.

    This Act shall take effect on October 1, 1998.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

Answer: Federal Activities Inventory Reform Act of 1998 - Directs the head of each executive agency to submit to the Director of the Office of Management and Budget, not later than the end of the third quarter of each fiscal year, a list of activities performed by Federal Government sources for the agency that, in the judgment of the head of the executive agency, are not inherently governmental functions. 
Requires:  (1) the Director to review the agency's list and consult with the agency head regarding the contents of the final list for the fiscal year; (2) the agency head to transmit a copy of the list to the Congress and make the list publicly available; (3) the Director to publish in the Federal Register a notice that the list is publicly available; and (4) the agency head to publish a notice regarding, make available to the public, and transmit to the Congress, any subsequent change to the list. 
Requires the agency head to:  (1) review the activities on the list within a reasonable time after such a notice of its availability is published; and (2) use a competitive process (with specified exceptions) and ensure that all costs are considered each time that he or she considers contracting with a private sector source for the performance of an activity on the list. 
(Sec. 3) Permits an interested party to submit to an agency a challenge of an omission of a particular activity from, or an inclusion of a particular activity on, a list for which a notice has been published.  Sets forth procedures governing filing challenges, agency decisions on challenges, appealing such decisions, and agency decisions on such appeals. 
(Sec. 4) Provides that this Act shall not apply to or with respect to:  (1) the General Accounting Office; (2) Government corporations and Government controlled corporations; (3) a part of a department or agency if all of the employees of that part are employees paid from nonappropriated funds of certain instrumentalities of the United States under the jurisdiction of the armed forces; and (4) depot-level maintenance and repair of the Department of Defense.


Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Depository Institutions Disaster 
Relief Act of 1993''.

SEC. 2. TRUTH IN LENDING ACT; EXPEDITED FUNDS AVAILABILITY ACT.

    (a) Truth in Lending Act.--During the 180-day period beginning on 
the date of enactment of this Act, the Board of Governors of the 
Federal Reserve System may make exceptions to the Truth in Lending Act 
for transactions within an area in which the President, pursuant to 
section 401 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, has determined that a major disaster exists, or within 
an area determined to be eligible for disaster relief under other 
Federal law by reason of damage related to the 1993 flooding of the 
Mississippi River and its tributaries, if the Board determines that the 
exception can reasonably be expected to alleviate hardships to the 
public resulting from such disaster that outweigh possible adverse 
effects.
    (b) Expedited Funds Availability Act.--During the 180-day period 
beginning on the date of enactment of this Act, the Board of Governors 
of the Federal Reserve System may make exceptions to the Expedited 
Funds Availability Act for depository institution offices located 
within any area referred to in subsection (a) of this section if the 
Board determines that the exception can reasonably be expected to 
alleviate hardships to the public resulting from such disaster that 
outweigh possible adverse effects.
    (c) Time Limit on Exceptions.--Any exception made under this 
section shall expire not later than the earlier of--
            (1) 1 year after the date of enactment of this Act; or
            (2) 1 year after the date of any determination referred to 
        in subsection (a).
    (d) Publication Required.--The Board of Governors of the Federal 
Reserve System shall publish in the Federal Register a statement that--
            (1) describes any exception made under this section; and
            (2) explains how the exception can reasonably be expected 
        to produce benefits to the public that outweigh possible 
        adverse effects.

SEC. 3. DEPOSIT OF INSURANCE PROCEEDS.

    (a) In General.--The appropriate Federal banking agency may, by 
order, permit an insured depository institution, during the 18-month 
period beginning on the date of enactment of this Act, to subtract from 
the institution's total assets, in calculating compliance with the 
leverage limit prescribed under section 38 of the Federal Deposit 
Insurance Act, an amount not exceeding the qualifying amount 
attributable to insurance proceeds, if the agency determines that--
            (1) the institution--
                    (A) had its principal place of business within an 
                area in which the President, pursuant to section 401 of 
                the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act, has determined that a major disaster 
                exists, or within an area determined to be eligible for 
                disaster relief under other Federal law by reason of 
                damage related to the 1993 flooding of the Mississippi 
                River and its tributaries, on the day before the date 
                of any such determination;
                    (B) derives more than 60 percent of its total 
                deposits from persons who normally reside within, or 
                whose principal place of business is normally within, 
                areas of intense devastation caused by the major 
                disaster;
                    (C) was adequately capitalized (as defined in 
                section 38 of the Federal Deposit Insurance Act) before 
                the major disaster; and
                    (D) has an acceptable plan for managing the 
                increase in its total assets and total deposits; and
            (2) the subtraction is consistent with the purpose of 
        section 38 of the Federal Deposit Insurance Act.
    (b) Definitions.--For purposes of this section:
            (1) Appropriate federal banking agency.--The term 
        ``appropriate Federal banking agency'' has the same meaning as 
        in section 3 of the Federal Deposit Insurance Act.
            (2) Insured depository institution.--The term ``insured 
        depository institution'' has the same meaning as in section 3 
        of the Federal Deposit Insurance Act.
            (3) Leverage limit.--The term ``leverage limit'' has the 
        same meaning as in section 38 of the Federal Deposit Insurance 
        Act.
            (4) Qualifying amount attributable to insurance proceeds.--
        The term ``qualifying amount attributable to insurance 
        proceeds'' means the amount (if any) by which the institution's 
        total assets exceed the institution's average total assets 
        during the calendar quarter ending before the date of any 
        determination referred to in subsection (a)(1)(A), because of 
        the deposit of insurance payments or governmental assistance 
        made with respect to damage caused by, or other costs resulting 
        from, the major disaster.

SEC. 4. BANKING AGENCY PUBLICATION REQUIREMENTS.

    (a) In General.--During the 180-day period beginning on the date of 
enactment of this Act, a qualifying regulatory agency may take any of 
the following actions with respect to depository institutions or other 
regulated entities whose principal place of business is within, or with 
respect to transactions or activities within, an area in which the 
President, pursuant to section 401 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act, has determined that a major 
disaster exists, or within an area determined to be eligible for 
disaster relief under other Federal law by reason of damage related to 
the 1993 flooding of the Mississippi River and its tributaries, if the 
agency determines that the action would facilitate recovery from the 
major disaster:
            (1) Procedure.--Exercising the agency's authority under 
        provisions of law other than this section without complying 
        with--
                    (A) any requirement of section 553 of title 5, 
                United States Code; or
                    (B) any provision of law that requires notice or 
                opportunity for hearing or sets maximum or minimum time 
                limits with respect to agency action.
            (2) Publication requirements.--Making exceptions, with 
        respect to institutions or other entities for which the agency 
        is the primary Federal regulator, to--
                    (A) any publication requirement with respect to 
                establishing branches or other deposit-taking 
                facilities; or
                    (B) any similar publication requirement.
    (b) Publication Required.--A qualifying regulatory agency shall 
publish in the Federal Register a statement that--
            (1) describes any action taken under this section; and
            (2) explains the need for the action.
    (c) Qualifying Regulatory Agency Defined.--For purposes of this 
section, the term ``qualifying regulatory agency'' means--
            (1) the Board of Governors of the Federal Reserve System;
            (2) the Comptroller of the Currency;
            (3) the Director of the Office of Thrift Supervision;
            (4) the Federal Deposit Insurance Corporation;
            (5) the Financial Institutions Examination Council;
            (6) the National Credit Union Administration; and
            (7) with respect to chapter 53 of title 31, United States 
        Code, the Secretary of the Treasury.

SEC. 5. STUDY; REPORT TO THE CONGRESS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study that--
            (1) examines how the agencies and entities granted 
        authority by the Depository Institutions Disaster Relief Act of 
        1992 and by this Act have exercised such authority;
            (2) evaluates the utility of such Acts in facilitating 
        recovery from disasters consistent with the safety and 
        soundness of depository institutions; and
            (3) contains recommendations with respect to whether the 
        authority granted by this Act should be made permanent.
    (b) Report to the Congress.--Not later than 18 months after the 
date of the enactment of this Act, the Comptroller General of the 
United States shall submit to the Congress a report on the results of 
the study required by subsection (a).

SEC. 6. SENSE OF THE CONGRESS.

    It is the sense of the Congress that the Board of Governors of the 
Federal Reserve System, the Comptroller of the Currency, the Director 
of the Office of Thrift Supervision, the Federal Deposit Insurance 
Corporation, and the National Credit Union Administration should 
encourage depository institutions meet the financial services needs of 
their communities and customers located in areas affected by the 1993 
flooding of the Mississippi River and its tributaries.

SEC. 7. OTHER AUTHORITY NOT AFFECTED.

    Nothing in this Act limits the authority of any department or 
agency under any other provision of law.

            Passed the House of Representatives August 2, 1993.

            Attest:






                                                                 Clerk.

Answer: Depository Institutions Disaster Relief Act of 1993 - Authorizes the Board of Governors of the Federal Reserve System to make exceptions for a specified period of time to the Truth in Lending Act and to the Expedited Funds Availability Act with respect to transactions and depository institutions located within either a federally declared major disaster area or certain areas damaged by the 1993 flooding of the Mississippi River and its tributaries (disaster areas). 
Cites conditions under which:  (1) an insured depository institution may subtract from its total assets a specified amount attributable to insurance proceeds when it is calculating compliance with prescribed leverage limits; and (2) a qualifying regulatory agency may deviate from certain statutory requirements with respect to regulated entities located in disaster areas. 
Directs the Comptroller General to study and report to the Congress on the efficacy of certain disaster relief Acts with respect to facilitating recovery from major disasters. 
Expresses the sense of the Congress that specified Federal banking regulatory agencies should encourage depository institutions to meet the financial services needs of their communities and customers located in areas affected by the 1993 flooding of the Mississippi River and its tributaries.


Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Law Enforcement Access to Data 
Stored Abroad Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Electronic Communications Privacy Act of 1986 
        (Public Law 99-508; 100 Stat. 1848) (referred to in this 
        section as ``ECPA'') was intended to protect the privacy of 
        electronic communications stored with providers of electronic 
        communications services and remote computing services, while 
        balancing the legitimate needs of law enforcement to access 
        records stored by such providers.
            (2) To strike this balance, ECPA authorized governmental 
        entities to obtain certain categories of communications data 
        from providers using established, pre-existing forms of 
        process--warrants and subpoenas. It also created a new form of 
        court order, in section 2703(d) of title 18, United States 
        Code, that governmental entities could use to obtain additional 
        types of communications data.
            (3) It has been well established that courts in the United 
        States lack the power to issue warrants authorizing 
        extraterritorial searches and seizures, and neither ECPA nor 
        subsequent amendments extended the warrant power of courts in 
        the United States beyond the territorial reach of the United 
        States.
            (4) Nevertheless, Congress also recognizes the legitimate 
        needs of law enforcement agencies in the United States to 
        obtain, through lawful process, electronic communications 
        relevant to criminal investigations related to United States 
        persons wherever that content may be stored. Therefore, this 
        Act authorizes the use of search warrants extraterritorially 
        only where the Government seeks to obtain the contents of 
        electronic communications belonging to a United States person.

SEC. 3. SCOPE AND CLARIFICATION OF WARRANT REQUIREMENT.

    (a) In General.--Chapter 121 of title 18, United States Code, is 
amended--
            (1) in section 2702(a), by amending paragraph (3) to read 
        as follows:
            ``(3) a provider of remote computing service or electronic 
        communication service to the public shall not knowingly divulge 
        to any governmental entity the contents of any communication 
        described in section 2703(a), or any record or other 
        information pertaining to a subscriber or customer of such 
        service.'';
            (2) in section 2703--
                    (A) by striking subsections (a) and (b) and 
                inserting the following:
    ``(a) Contents of Wire or Electronic Communication in Electronic 
Storage.--A governmental entity may require the disclosure by a 
provider of electronic communication service or remote computing 
service of the contents of a wire or electronic communication that is 
in electronic storage with or otherwise stored, held, or maintained by 
the provider only pursuant to a warrant issued using the procedures 
described in the Federal Rules of Criminal Procedure (or, in the case 
of a State court, issued using State warrant procedures) by a court of 
competent jurisdiction. Subject to subsection (b), a warrant issued 
pursuant to this subsection may be used to require the disclosure of 
contents of a wire or electronic communication that are in the 
provider's electronic storage within the United States or otherwise 
stored, held, or maintained within the United States by the provider.
    ``(b) Warrant Requirements.--A warrant issued under subsection (a) 
may require the disclosure of the contents of a wire or electronic 
communication, regardless of where such contents may be in electronic 
storage or otherwise stored, held, or maintained by the provider, if 
the account-holder whose contents are sought by the warrant is a United 
States person. A court issuing a warrant pursuant to this subsection, 
on a motion made promptly by the service provider, shall modify or 
vacate such warrant if the court finds that the warrant would require 
the provider of an electronic communications or remote computing 
service to violate the laws of a foreign country.'';
                    (B) in subsection (d), in the first sentence--
                            (i) by striking ``(b) or'';
                            (ii) by striking ``the contents of a wire 
                        or electronic communication, or''; and
                            (iii) by striking ``sought, are'' and 
                        inserting ``sought are''; and
                    (C) by adding at the end the following:
    ``(h) Rule of Construction.--Nothing in this section or in section 
2702 shall be construed to limit the authority of a governmental entity 
to use an administrative subpoena authorized under a Federal or State 
statute or to use a Federal or State grand jury, trial, or civil 
discovery subpoena to--
            ``(1) require an originator, addressee, or intended 
        recipient of an electronic communication to disclose the 
        contents of the electronic communication to the governmental 
        entity; or
            ``(2) require an entity that provides electronic 
        communication services to the officers, directors, employees, 
        or agents of the entity (for the purpose of carrying out their 
        duties) to disclose the contents of an electronic communication 
        to or from an officer, director, employee, or agent of the 
        entity to a governmental entity, if the electronic 
        communication is held, stored, or maintained on an electronic 
        communications system owned or operated by the entity.
    ``(i) Notice.--Except as provided in section 2705, not later than 
10 business days after a governmental entity receives the contents of a 
wire or electronic communication of a subscriber or customer from a 
provider of electronic communication service or remote computing 
service under subsection (a), the governmental entity shall serve upon, 
or deliver to by registered or first-class mail, electronic mail, or 
other means reasonably calculated to be effective, as specified by the 
court issuing the warrant, the subscriber or customer--
            ``(1) a copy of the warrant; and
            ``(2) notice that informs the customer or subscriber--
                    ``(A) of the nature of the law enforcement inquiry 
                with reasonable specificity; and
                    ``(B) that information maintained for the customer 
                or subscriber by the provider of electronic 
                communication service or remote computing service named 
                in the process or request was supplied to, or requested 
                by, the governmental entity.'';
            (3) in section 2704(a)(1), by striking ``section 
        2703(b)(2)'' and inserting ``section 2703'';
            (4) in section 2705--
                    (A) in subsection (a), by striking paragraph (1) 
                and inserting the following:
            ``(1) A governmental entity that is seeking a warrant under 
        section 2703 may include in the application for the warrant a 
        request, which the court shall grant, for an order delaying the 
        notification required under section 2703(i) for a period of not 
        more than 90 days, if the court determines that there is reason 
        to believe that notification of the existence of the warrant 
        may have an adverse result described in paragraph (2) of this 
        subsection.''; and
                    (B) in subsection (b), in the matter preceding 
                paragraph (1), by striking ``under section 
                2703(b)(1)''; and
            (5) in section 2711--
                    (A) in paragraph (3)(B) by striking ``warrants; 
                and'' and inserting ``warrants;'';
                    (B) in paragraph (4) by striking ``thereof.'' and 
                inserting ``thereof; and''; and
                    (C) by adding at the end the following:
            ``(5) the term `United States person' means a citizen or 
        permanent resident alien of the United States, or an entity or 
        organization organized under the laws of the United States or a 
        State or political subdivision thereof.''.

SEC. 4. MUTUAL LEGAL ASSISTANCE TREATY REFORMS.

    (a) Mutual Legal Assistance Treaty Transparency and Efficiency.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Attorney General shall establish--
                    (A) a form for use by a foreign government filing a 
                mutual legal assistance treaty request (referred to in 
                this section as an ``MLAT request''), which shall--
                            (i) be made available on the website of the 
                        Department of Justice; and
                            (ii) require sufficient information and be 
                        susceptible for use by a foreign government to 
                        provide all the information necessary for the 
                        MLAT request; and
                    (B) an online docketing system for all MLAT 
                requests, which shall allow a foreign government to 
                track the status of an MLAT request filed by the 
                foreign government.
            (2) Annual publication.--Beginning not later than 1 year 
        after the date of enactment of this Act, and each year 
        thereafter, the Attorney General shall publish on the website 
        of the Department of Justice statistics on--
                    (A)(i) the number of MLAT requests made by the 
                Department of Justice to foreign governments for the 
                purpose of obtaining the contents of an electronic 
                communication or other information or records from a 
                provider of electronic communications or remote 
                computing services; and
                    (ii) the average length of time taken by foreign 
                governments to process the MLAT requests described in 
                clause (i); and
                    (B)(i) the number of MLAT requests made to the 
                Department of Justice by foreign governments for the 
                purpose of obtaining the contents of an electronic 
                communication or other information or records from a 
                provider of electronic communications or remote 
                computing services; and
                    (ii) the average length of time taken by the 
                Department of Justice to process the MLAT requests 
                described in clause (i).
            (3) Notice to department of state.--The Attorney General 
        shall notify the Secretary of State not later than 7 days after 
        the date on which disclosure of electronic communications 
        content to a foreign government is made pursuant to an MLAT 
        request.
    (b) Preservation of Records.--The Attorney General may issue a 
request pursuant to section 2703(f) of title 18, United States Code, 
upon receipt of an MLAT request that appears to be facially valid.
    (c) Notification to Provider of MLAT Request.--When the Attorney 
General makes use of the process provided in section 2703 of title 18, 
United States Code, to obtain information from an electronic 
communications provider or a remote computing provider based on an MLAT 
request, the Attorney General shall notify that provider in writing 
that the request has been made pursuant to a mutual legal assistance 
treaty.

SEC. 5. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) data localization requirements imposed by foreign 
        governments on data providers are--
                    (A) incompatible with the borderless nature of the 
                Internet;
                    (B) an impediment to online innovation; and
                    (C) unnecessary to meet the needs of law 
                enforcement; and
            (2) the Department of Justice, the Department of State, and 
        the United States Trade Representatives should pursue open data 
        flow policies with foreign nations.

Answer:
Law Enforcement Access to Data Stored Abroad Act  Amends the federal criminal code to authorize a governmental entity to require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by the provider only pursuant to a warrant issued by a court of competent jurisdiction. Authorizes such a warrant to require such disclosure regardless of where such contents may be in electronic storage or otherwise stored, held, or maintained by the provider if the holder of the account the contents of which are sought by the warrant is a U.S. person. Requires a court, on a service provider's motion, to modify or vacate such a warrant upon finding that it would require the provider to violate the laws of a foreign country. Sets forth requirements for government notification of provider customers or subscribers regarding the receipt of communication contents pursuant to such a warrant. Directs the Attorney General to: (1) establish a form for use by a foreign government filing a mutual legal assistance treaty (MLAT) request; (2) establish an online docketing system for all MLAT requests; and (3) publish statistics annually on MLAT requests made by the Department of Justice (DOJ) to foreign governments, and by foreign governments to DOJ, to obtain the contents of communications or other information or records from a provider of electronic communications or remote computing services. Expresses the sense of Congress that: (1) data localization requirements imposed by foreign governments on data providers are incompatible with the borderless nature of the Internet, an impediment to online innovation, and unnecessary to meet the needs of law enforcement; and (2) DOJ, the Department of State, and the U.S. Trade Representative should pursue open data flow policies with foreign nations.