[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S4646]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2290. Mr. WYDEN (for himself and Ms. Lummis) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. [10___]. EXPANSION OF DEFINITION OF FOREIGN ADVERSARY 
                   COUNTRY.

       Section 2(c) of the Protecting Americans' Data from Foreign 
     Adversaries Act of 2024 (15 U.S.C. 9901) is amended by 
     striking paragraph (4) and inserting the following:
       ``(4) Foreign adversary country.--
       ``(A) In general.--The term `foreign adversary country' 
     means a country--
       ``(i) specified in section 4872(d)(2) of title 10, United 
     States Code; or
       ``(ii) identified by the Secretary of Commerce under 
     subparagraph (B).
       ``(B) Countries identified by the secretary of commerce.--
       ``(i) In general.--Not later than one year after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2025, and every 3 years thereafter, the 
     Secretary of Commerce, in coordination with the head of any 
     Federal agency the Secretary considers relevant, shall 
     identify each country the sale, license, rent, trade, 
     transfer, release, disclosure, or provision of access to 
     which of sensitive data the Secretary determines is likely to 
     harm the national security of the United States, taking into 
     account--

       ``(I) the adequacy and enforcement of data protection, 
     surveillance, and export control laws in the country in order 
     to determine whether such laws, and the enforcement of such 
     laws, are sufficient--

       ``(aa) to protect sensitive data from accidental loss, 
     theft, and unauthorized or unlawful processing;
       ``(bb) to ensure that sensitive data is not exploited for 
     intelligence purposes by foreign governments to the detriment 
     of the national security of the United States; and
       ``(cc) to prevent the reexport of sensitive data to any 
     country described in subparagraph (A);

       ``(II) the circumstances under which the government of the 
     country can compel, coerce, or pay a person in or a national 
     of that country to disclose sensitive data; and
       ``(III) whether the government of the country has conducted 
     hostile foreign intelligence operations, including 
     information operations, against the United States.

       ``(ii) Publication in the federal register.--The Secretary 
     shall publish in the Federal Register a notice of any 
     identification made pursuant to clause (i).
       ``(iii) Grace period.--On and after the date that is 180 
     days after the publication of the notice required in clause 
     (ii), the prohibitions described in subsection (a) shall 
     apply to the country identified in the notice.''.
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