[Congressional Record Volume 171, Number 131 (Wednesday, July 30, 2025)]
[Senate]
[Page S4950]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3187. Mr. WYDEN (for himself, Ms. Lummis, and Mr. Cotton) 
submitted an amendment intended to be proposed by him to the bill S. 
2296, to authorize appropriations for fiscal year 2026 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 end of subtitle F of title X, add the following:

     SEC. 1067. EXPANSION OF DEFINITION OF COVERED COUNTRIES WITH 
                   RESPECT TO SALE OF SENSITIVE PERSONAL DATA.

       (a) In General.--Subsection (c) of section 2 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) Covered foreign country.--
       ``(A) In general.--The term `covered foreign country' means 
     a country--
       ``(i) specified in section 4872(f)(2) of title 10, United 
     States Code; or
       ``(ii) identified by the Secretary of State under 
     subparagraph (B).
       ``(B) Countries identified by the secretary of state.--
       ``(i) In general.--Not later than one year after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2026, and every 3 years thereafter, the 
     Secretary of State, in coordination with the head of any 
     Federal agency the Secretary considers relevant, shall 
     identify each country to which the sale, license, rent, 
     trade, transfer, release, disclosure, or provision of access 
     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)(i);

       ``(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.''.
       (b) Conforming Amendments.--Such section is further 
     amended--
       (1) in the section heading, by striking ``adversaries'' and 
     inserting ``adversaries and other countries to which exports 
     of such data create national security risks'';
       (2) in subsection (c)(2) in the paragraph heading, by 
     striking ``Controlled by a foreign adversary'' and inserting 
     ``Controlled by the government of a covered foreign 
     country'';
       (3) by striking ``controlled by a foreign adversary'' each 
     place it appears and inserting ``controlled by the government 
     of a covered foreign country''; and
       (4) by striking ``foreign adversary country'' each place it 
     appears and inserting ``covered foreign country''.
                                 ______