US Codex
Bill
Notes

H.R. 7520 — what changed

Protecting Americans’ Data from Foreign Adversaries Act of 2024

From Reported in House to Engrossed in House. 1 section amended between Reported in House and Engrossed in House.

Sec. 2 Prohibition on transfer of personally identifiable sensitive data of United States individuals to foreign adversaries

(a)
changed 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)
changed 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)
changed 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, individuals that the entity did not collect directly from such individuals, 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)
changed is transmitting data, including communications data of a United States individual individual, including communications of such an individual, at the request or direction of such individual;
(ii)
changed is reporting, publishing, or otherwise making available news or information that is available to the general public, including information from a telephone book providing, maintaining, or online directory, offering a television, internet, product or radio program, the news media, service with respect to which personally identifiable sensitive data, or an internet site that is available access to the general public on an unrestricted basis, but not including an obscene visual depiction (as such term data, is used in section 1460 of title 18, United States Code); ornot the product or service;
(iii)
added is reporting or publishing news or information that concerns local, national, or international events or other matters of public interest;
(iv)
added is reporting, publishing, or otherwise making available news or information that is available to the general public—
(I)
added including information from—
(aa)
added a book, magazine, telephone book, or online directory;
(bb)
added a motion picture;
(cc)
added a television, internet, or radio program;
(dd)
added the news media; or
(ee)
added an internet site that is available to the general public on an unrestricted basis; and
(II)
added not including an obscene visual depiction (as such term is used in section 1460 of title 18, United States Code); or
(v)
renumbered was (4)(5)(3)(5) 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)
added 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)
renumbered was (4)(7) Precise geolocation information— The term “precise geolocation information” means information that—
(A)
added is derived from a device or technology of an individual; and
(A)
removed is derived from a device or technology; and
(B)
renumbered was (4)(7)(4) 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)
renumbered was (4)(8) Sensitive data— The term “sensitive data” includes the following:
(A)
renumbered was (4)(8)(3) A government-issued identifier, such as a Social Security number, passport number, or driver’s license number.
(B)
renumbered was (4)(8)(4) 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)
renumbered was (4)(8)(5) 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)
renumbered was (4)(8)(6) Biometric information.
(E)
renumbered was (4)(8)(7) Genetic information.
(F)
renumbered was (4)(8)(8) Precise geolocation information.
(G)
renumbered was (4)(8)(9) 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)
renumbered was (4)(8)(10) Account or device log-in credentials, or security or access codes for an account or device.
(I)
renumbered was (4)(8)(11) Information identifying the sexual behavior of an individual.
(J)
renumbered was (4)(8)(12) 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)
renumbered was (4)(8)(13) A photograph, film, video recording, or other similar medium that shows the naked or undergarment-clad private area of an individual.
(L)
renumbered was (4)(8)(14) Information revealing the video content requested or selected by an individual.
(M)
renumbered was (4)(8)(15) Information about an individual under the age of 17.
(N)
renumbered was (4)(8)(16) An individual’s race, color, ethnicity, or religion.
(O)
renumbered was (4)(8)(17) Information identifying an individual’s online activities over time and across websites or online services.
(P)
renumbered was (4)(8)(18) Information that reveals the status of an individual as a member of the Armed Forces.
(Q)
renumbered was (4)(8)(19) 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)
renumbered was (4)(9) Service provider— The term “service provider” means an entity that—
(A)
renumbered was (4)(9)(3) collects, processes, or transfers data on behalf of, and at the direction of—
(i)
added an individual or entity that is not a foreign adversary country or controlled by a foreign adversary; or
(i)
removed an entity that is not a data broker and is not controlled by a foreign adversary; or
(ii)
renumbered was (4)(9)(3)(3) a Federal, State, Tribal, territorial, or local government entity; and
(B)
added 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.
(B)
removed receives data from or on behalf of an entity described in subparagraph (A)(i) or a Federal, State, Tribal, territorial, or local government entity.
(9)
renumbered was (4)(10) 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.