Protecting Americans' Data from Foreign Adversaries Act of 2024
This bill makes it unlawful for a data broker to sell, license, rent, trade, transfer, release, disclose, or otherwise make available specified personally identifiable sensitive data of individuals who reside in the United States to North Korea, China, Russia, or Iran or an entity controlled by such a country (e.g., headquartered in or owned by a person in the country).
Sensitive data includes government-issued identifiers (e.g., Social Security numbers), financial account numbers, biometric information, genetic information, precise geolocation information, and private communications (e.g., texts or emails).
A data broker generally includes an entity that sells or otherwise provides data of individuals that the entity did not collect directly from the individuals. A data broker does not include an entity that transmits an individual's data or communications at the request or direction of the individual or an entity that makes news or information available to the general public.
The bill provides for enforcement by the Federal Trade Commission.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7520 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7520
To prohibit data brokers from transferring sensitive data of United
States individuals to foreign adversaries, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 5, 2024
Mr. Pallone (for himself and Mrs. Rodgers of Washington) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To prohibit data brokers from transferring sensitive data of United
States individuals to foreign adversaries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Americans' Data from
Foreign Adversaries Act of 2024''.
SEC. 2. PROHIBITION ON TRANSFER OF SENSITIVE DATA OF UNITED STATES
INDIVIDUALS TO FOREIGN ADVERSARIES.
(a) Prohibition.--It shall be unlawful for a data broker to sell,
license, rent, trade, transfer, release, disclose, provide access to,
or otherwise make available sensitive data of a United States
individual to--
(1) any foreign adversary country; or
(2) any entity that is controlled by a foreign adversary.
(b) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this section shall be treated as a violation of a rule defining
an unfair or a deceptive act or practice under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--The Commission shall enforce this
section in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this section.
(B) Privileges and immunities.--Any person who
violates this section shall be subject to the penalties
and entitled to the privileges and immunities provided
in the Federal Trade Commission Act.
(3) Authority preserved.--Nothing in this section may be
construed to limit the authority of the Commission under any
other provision of law.
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Controlled by a foreign adversary.--The term
``controlled by a foreign adversary'' means, with respect to an
entity, that such entity is--
(A) a foreign person that is domiciled in, is
headquartered in, has its principal place of business
in, or is organized under the laws of a foreign
adversary country;
(B) an entity with respect to which a foreign
person or combination of foreign persons described in
subparagraph (A) directly or indirectly own at least a
20 percent stake; or
(C) a person subject to the direction or control of
a foreign person or entity described in subparagraph
(A) or (B).
(3) Data broker.--
(A) In general.--The term ``data broker'' means an
entity that, for valuable consideration, sells,
licenses, rents, trades, transfers, releases,
discloses, provides access to, or otherwise makes
available data of United States individuals, that the
entity did not collect directly from such individuals,
to another entity that is not acting as a service
provider.
(B) Exclusion.--The term ``data broker'' does not
include an entity to the extent such entity--
(i) is transmitting data, including
communications of a United States individual at
the request or direction of such individual;
(ii) is reporting, publishing, or otherwise
making available news or information that is
available to the general public, including
information from a telephone book or online
directory, a television, internet, or radio
program, the news media, or an internet site
that is available to the general public on an
unrestricted basis, but not including an
obscene visual depiction (as such term is used
in section 1460 of title 18, United States
Code); or
(iii) is acting as a service provider.
(4) Foreign adversary country.--The term ``foreign
adversary country'' means a country specified in section
4872(d)(2) of title 10, United States Code.
(5) Precise geolocation information.--The term ``precise
geolocation information'' means information that--
(A) is derived from a device or technology; and
(B) reveals the past or present physical location
of an individual or device that identifies or is linked
or reasonably linkable to 1 or more individuals, with
sufficient precision to identify street level location
information of an individual or device or the location
of an individual or device within a range of 1,850 feet
or less.
(6) Sensitive data.--The term ``sensitive data'' includes
the following:
(A) A government-issued identifier, such as a
Social Security number, passport number, or driver's
license number.
(B) Any information that describes or reveals the
past, present, or future physical health, mental
health, disability, diagnosis, or healthcare condition
or treatment of an individual.
(C) A financial account number, debit card number,
credit card number, or information that describes or
reveals the income level or bank account balances of an
individual.
(D) Biometric information.
(E) Genetic information.
(F) Precise geolocation information.
(G) An individual's private communications such as
voicemails, emails, texts, direct messages, mail, voice
communications, and video communications, or
information identifying the parties to such
communications or pertaining to the transmission of
such communications, including telephone numbers
called, telephone numbers from which calls were placed,
the time calls were made, call duration, and location
information of the parties to the call.
(H) Account or device log-in credentials, or
security or access codes for an account or device.
(I) Information identifying the sexual behavior of
an individual.
(J) Calendar information, address book information,
phone or text logs, photos, audio recordings, or
videos, maintained for private use by an individual,
regardless of whether such information is stored on the
individual's device or is accessible from that device
and is backed up in a separate location.
(K) A photograph, film, video recording, or other
similar medium that shows the naked or undergarment-
clad private area of an individual.
(L) Information revealing the video content
requested or selected by an individual.
(M) Information about an individual under the age
of 17.
(N) An individual's race, color, ethnicity, or
religion.
(O) Information identifying an individual's online
activities over time and across websites or online
services.
(P) Information that reveals the status of an
individual as a member of the Armed Forces.
(Q) Any other data that a data broker sells,
licenses, rents, trades, transfers, releases,
discloses, provides access to, or otherwise makes
available to a foreign adversary country, or entity
that is controlled by a foreign adversary, for the
purpose of identifying the types of data listed in
subparagraphs (A) through (P).
(7) Service provider.--The term ``service provider'' means
an entity that--
(A) collects, processes, or transfers data on
behalf of, and at the direction of--
(i) an entity that is not a data broker and
is not controlled by a foreign adversary; or
(ii) a Federal, State, Tribal, territorial,
or local government entity; and
(B) receives data from or on behalf of an entity
described in subparagraph (A)(i) or a Federal, State,
Tribal, territorial, or local government entity.
(8) United states individual.--The term ``United States
individual'' means a natural person residing in the United
States.
(d) Effective Date.--This section shall take effect on the date
that is 60 days after the date of the enactment of this Act.
<all>
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Innovation, Data, and Commerce.
Subcommittee on Innovation, Data, and Commerce Discharged
Committee Consideration and Mark-up Session Held
Ordered to be Reported by the Yeas and Nays: 50 - 0.
Reported by the Committee on Energy and Commerce. H. Rept. 118-418.
Reported by the Committee on Energy and Commerce. H. Rept. 118-418.
Placed on the Union Calendar, Calendar No. 345.
Sponsor introductory remarks on measure. (CR H1164-1165)
Mrs. Rodgers (WA) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H1216-1219)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 7520.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H1254-1255)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 414 - 0 (Roll no. 91). (text: 3/19/2024 CR H1216-1217)
Roll Call #91 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 414 - 0 (Roll no. 91). (text: 3/19/2024 CR H1216-1217)
Roll Call #91 (House)Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.