118 HR 6410 IH: U.S. Data on U.S. Soil Act U.S. House of Representatives 2023-11-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 6410IN THE HOUSE OF REPRESENTATIVESNovember 14, 2023Mrs. 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 CommerceA BILLTo 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.

1.

Short title

This Act may be cited as the U.S. Data on U.S. Soil Act.

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.