[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7520 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  2d Session
                                H. R. 7520


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 21, 2024

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
  To prohibit data brokers from transferring personally identifiable 
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 PERSONALLY IDENTIFIABLE 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 personally identifiable 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 
        individual or entity, that such individual or 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 of a United States 
                        individual, including communications of such an 
                        individual, at the request or direction of such 
                        individual;
                            (ii) is providing, maintaining, or offering 
                        a product or service with respect to which 
                        personally identifiable sensitive data, or 
                        access to such data, is not the product or 
                        service;
                            (iii) is reporting or publishing news or 
                        information that concerns local, national, or 
                        international events or other matters of public 
                        interest;
                            (iv) is reporting, publishing, or otherwise 
                        making available news or information that is 
                        available to the general public--
                                    (I) including information from--
                                            (aa) a book, magazine, 
                                        telephone book, or online 
                                        directory;
                                            (bb) a motion picture;
                                            (cc) a television, 
                                        internet, or radio program;
                                            (dd) the news media; or
                                            (ee) an internet site that 
                                        is available to the general 
                                        public on an unrestricted 
                                        basis; and
                                    (II) not including an obscene 
                                visual depiction (as such term is used 
                                in section 1460 of title 18, United 
                                States Code); or
                            (v) 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) Personally identifiable sensitive data.--The term 
        ``personally identifiable sensitive data'' means any sensitive 
        data that identifies or is linked or reasonably linkable, alone 
        or in combination with other data, to an individual or a device 
        that identifies or is linked or reasonably linkable to an 
        individual.
            (6) Precise geolocation information.--The term ``precise 
        geolocation information'' means information that--
                    (A) is derived from a device or technology of an 
                individual; 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.
            (7) 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).
            (8) 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 individual or entity that is not a 
                        foreign adversary country or 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 
                individual or entity described in subparagraph (A)(i) 
                or a Federal, State, Tribal, territorial, or local 
                government entity.
            (9) 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.

            Passed the House of Representatives March 20, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.