[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 116th Congress]
[116th Congress]
[House Document 115-177]
[Legislate Procedures Enacted in Law]
[Pages 1328-1331]
[From the U.S. Government Publishing Office, www.gpo.gov]
34. Executive Agreements on Access to Data by Foreign Governments - 18 U.S.C. 2523
Sec. 2523. executive agreements on access to data by foreign governments
* * *
(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 requirements of this section if the Attorney
General, with the concurrence of the Secretary of State,
determines, and submits a written certification of such
determination to Congress, including a written certification and
explanation of each consideration in paragraphs (1), (2), (3),
and (4), that--
* * *
(d) Effective Date of Certification--
(1) Notice--Not later than 7 days after the date on
which the Attorney General certifies an executive
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
[[Page 1329]]
Committee on Foreign Relations of the Senate; and
(B) the Committee on the Judiciary and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Entry Into Force--An executive agreement 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 paragraph (4).
* * *
(4) Congressional Review--
(A) Joint Resolution Defined--In this paragraph,
the term ``joint resolution'' means only a joint
resolution--
(i) introduced during the 180-day period
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 ___.'', 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 governing access by ___ to
certain electronic data as submitted by the Attorney
General on ___'', the blank spaces being
appropriately filled in.
(B) Joint Resolution Enacted--Notwithstanding any
other provision of this section, if not later than
180 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 agreement under this section, the
executive agreement shall not enter into force.
(C) Joint Resolution Enacted--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
[[Page 1330]]
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 disapproval has been referred has
not reported the joint resolution within 120 days after
the date of referral, that committee shall be discharged
from further consideration of the joint resolution.
* * *
(7) Rules Relating to Senate and House of
Representatives--
(A) Treatment of Senate Joint Resolution in
House--In the House of Representatives, the
following procedures shall apply to a joint
resolution of disapproval received from the Senate
(unless the House has already passed a joint
resolution relating to the same proposed action):
(i) The joint resolution shall be referred 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 discharged from further
consideration of the joint resolution.
(iii) Beginning on the third legislative 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 thereof, it shall be in order to move
to proceed to consider the joint resolution in the
House. All points of order against the motion 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
without intervening motion. The motion shall not be
debatable. A motion to reconsider the vote by which
the motion is disposed of shall not be in order.
(iv) The joint resolution shall be considered as
[[Page 1331]]
read. All points of order against the joint
resolution and against its consideration are waived.
The previous question shall be considered as ordered
on the joint resolution to final passage without
intervening motion except 2 hours of debate equally
divided and controlled by the sponsor of the joint
resolution (or a designee) and an opponent. A motion
to reconsider the vote on passage of the joint
resolution shall not be in order.
* * *
(C) Application to Revenue Measures--The
provisions of this paragraph shall not apply in the
House of Representatives to a joint resolution of
disapproval that is a revenue measure.
* * *
Sec. 1130(35)