[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6410 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 6410

To prohibit persons from storing the covered data of covered platforms 
in the United States in a foreign adversary or permitting governmental 
 officials of foreign adversaries to access the covered data, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2023

 Mrs. Luna (for herself, Mrs. Miller of Illinois, Mr. Norman, and Mr. 
   Santos) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To prohibit persons from storing the covered data of covered platforms 
in the United States in a foreign adversary or permitting governmental 
 officials of foreign adversaries to access the covered data, 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 ``U.S. Data on U.S. Soil Act''.

SEC. 2. STORAGE AND ACCESS BY FOREIGN ADVERSARY OF COVERED DATA.

    (a) Regulations.--Not later than 1 year after the date of the 
enactment of this Act, the Commission shall promulgate, under section 
553 of title 5, United States Code, regulations in accordance with this 
section that prohibit a person, with respect to the covered data of any 
covered platform in the United States, from knowingly--
            (1) storing the covered data of the covered platform in a 
        physical data center in a foreign adversary; or
            (2) permitting a governmental official of a foreign 
        adversary to access the covered data.
    (b) Enforcement by Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        this section or a regulation promulgated under this section 
        shall be treated as a violation of a regulation under section 
        18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
        57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
            (2) Powers of commission.--The Commission shall enforce 
        this section and the regulations promulgated under 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. Any person who violates this section or a regulation 
        promulgated under this section shall be subject to the 
        penalties and entitled to the privileges and immunities 
        provided in the Federal Trade Commission Act.
    (c) Relationship to State Laws.--
            (1) Preemption.--Nothing in this Act, or a regulation 
        promulgated under this Act, shall be construed to preempt, 
        displace, or supplant any State law, except to the extent that 
        a provision of State law conflicts with a provision of this 
        Act, or a regulation promulgated under this Act, and then only 
        to the extent of the conflict.
            (2) Greater protection under state law.--For purposes of 
        this subsection, a provision of State law does not conflict 
        with a provision of this Act, or a regulation promulgated under 
        this Act, if such provision of State law provides greater 
        privacy protection or security of covered data than the privacy 
        protection or security provided by such provision of this Act 
        or such regulation.
    (d) Savings Clause.--Nothing in this section may be construed to 
limit the authority of the Commission under any other provision of law.
    (e) Report to Congress.--Not later than 1 year after the date of 
the enactment of this Act, the Commission, in consultation with the 
Attorney General, shall submit to Congress a report on the 
implementation and enforcement of this section.
    (f) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Covered data.--The term ``covered data'' means 
        information that identifies or is linked or reasonably 
        linkable, alone or in combination with other information, to an 
        individual who is a national of the United States or a device 
        that identifies or is linked or reasonably linkable to such an 
        individual, and may include derived data and unique persistent 
        identifiers.
            (3) Covered platform.--The term ``covered platform'' means 
        any website, desktop application, or mobile application that is 
        consumer-facing, sells digital advertising space, and has more 
        than 100,000,000 monthly active users for a majority of months 
        during the preceding 12 months.
            (4) Foreign adversary.--The term ``foreign adversary''--
                    (A) has the meaning given that term in section 
                8(c)(2) of the Secure and Trusted Communications 
                Networks Act of 2019 (47 U.S.C. 1607(c)(2)); and
                    (B) includes--
                            (i) the People's Republic of China, 
                        including the Hong Kong Special Administrative 
                        Region (China);
                            (ii) the Republic of Cuba (Cuba);
                            (iii) the Islamic Republic of Iran (Iran);
                            (iv) the Democratic People's Republic of 
                        Korea (North Korea);
                            (v) the Russian Federation (Russia); and
                            (vi) Venezuelan politician Nicolas Maduro 
                        (Maduro Regime).
            (5) National of the united states.--The term ``national of 
        the United States'' has the meaning given that term in section 
        101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(22)).
            (6) State.--The term ``State'' means each State of the 
        United States, the District of Columbia, each commonwealth, 
        territory or possession of the United States, and each 
        federally recognized Indian Tribe.
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