[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.