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Union Calendar No. 345 

118TH CONGRESS 

2D SESSION H. R. 7520 

[Report No. 118–418] 

To prohibit data brokers from transferring sensitive data of United States 

individuals to foreign adversaries, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 5, 2024 

Mr. PALLONE (for himself and Mrs. RODGERS of Washington) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

MARCH 11, 2024 

Additional sponsors: Ms. SCHAKOWSKY, Mr. BILIRAKIS, Mr. ALLEN, and Mrs. 

TRAHAN

MARCH 11, 2024 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

To prohibit data brokers from transferring sensitive data 

of United States individuals to foreign adversaries, and 

for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Americans’ 

5 Data from Foreign Adversaries Act of 2024’’. 

6 SEC. 2. PROHIBITION ON TRANSFER OF SENSITIVE DATA 

7 OF UNITED STATES INDIVIDUALS TO FOR8 EIGN ADVERSARIES. 

9 (a) PROHIBITION.—It shall be unlawful for a data 

10 broker to sell, license, rent, trade, transfer, release, dis11 close, provide access to, or otherwise make available sen12 sitive data of a United States individual to— 

13 (1) any foreign adversary country; or 

14 (2) any entity that is controlled by a foreign ad15 versary. 

16 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS17 SION.— 

18 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC19 TICES.—A violation of this section shall be treated 

20 as a violation of a rule defining an unfair or a de21 ceptive act or practice under section 18(a)(1)(B) of 

22 the Federal Trade Commission Act (15 U.S.C. 

23 57a(a)(1)(B)). 

24 (2) POWERS OF COMMISSION.— 


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1 (A) IN GENERAL.—The Commission shall 

2 enforce this section in the same manner, by the 

3 same means, and with the same jurisdiction, 

4 powers, and duties as though all applicable 

5 terms and provisions of the Federal Trade 

6 Commission Act (15 U.S.C. 41 et seq.) were in7 corporated into and made a part of this section. 

8 (B) PRIVILEGES AND IMMUNITIES.—Any 

9 person who violates this section shall be subject 

10 to the penalties and entitled to the privileges 

11 and immunities provided in the Federal Trade 

12 Commission Act. 

13 (3) AUTHORITY PRESERVED.—Nothing in this 

14 section may be construed to limit the authority of 

15 the Commission under any other provision of law. 

16 (c) DEFINITIONS.—In this section: 

17 (1) COMMISSION.—The term ‘‘Commission’’ 

18 means the Federal Trade Commission. 

19 (2) CONTROLLED BY A FOREIGN ADVERSARY.— 

20 The term ‘‘controlled by a foreign adversary’’ means, 

21 with respect to an entity, that such entity is— 

22 (A) a foreign person that is domiciled in, 

23 is headquartered in, has its principal place of 

24 business in, or is organized under the laws of 

25 a foreign adversary country; 


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1 (B) an entity with respect to which a for2 eign person or combination of foreign persons 

3 described in subparagraph (A) directly or indi4 rectly own at least a 20 percent stake; or 

5 (C) a person subject to the direction or 

6 control of a foreign person or entity described 

7 in subparagraph (A) or (B). 

8 (3) DATA BROKER.— 

9 (A) IN GENERAL.—The term ‘‘data 

10 broker’’ means an entity that, for valuable con11 sideration, sells, licenses, rents, trades, trans12 fers, releases, discloses, provides access to, or 

13 otherwise makes available data of United States 

14 individuals, that the entity did not collect di15 rectly from such individuals, to another entity 

16 that is not acting as a service provider. 

17 (B) EXCLUSION.—The term ‘‘data broker’’ 

18 does not include an entity to the extent such 

19 entity— 

20 (i) is transmitting data, including 

21 communications of a United States indi22 vidual at the request or direction of such 

23 individual; 

24 (ii) is reporting, publishing, or other25 wise making available news or information 


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1 that is available to the general public, in2 cluding information from a telephone book 

3 or online directory, a television, internet, 

4 or radio program, the news media, or an 

5 internet site that is available to the general 

6 public on an unrestricted basis, but not in7 cluding an obscene visual depiction (as 

8 such term is used in section 1460 of title 

9 18, United States Code); or 

10 (iii) is acting as a service provider. 

11 (4) FOREIGN ADVERSARY COUNTRY.—The term 

12 ‘‘foreign adversary country’’ means a country speci13 fied in section 4872(d)(2) of title 10, United States 

14 Code. 

15 (5) PRECISE GEOLOCATION INFORMATION.— 

16 The term ‘‘precise geolocation information’’ means 

17 information that— 

18 (A) is derived from a device or technology; 

19 and 

20 (B) reveals the past or present physical lo21 cation of an individual or device that identifies 

22 or is linked or reasonably linkable to 1 or more 

23 individuals, with sufficient precision to identify 

24 street level location information of an individual 


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1 or device or the location of an individual or de2 vice within a range of 1,850 feet or less. 

3 (6) SENSITIVE DATA.—The term ‘‘sensitive 

4 data’’ includes the following: 

5 (A) A government-issued identifier, such as 

6 a Social Security number, passport number, or 

7 driver’s license number. 

8 (B) Any information that describes or re9 veals the past, present, or future physical 

10 health, mental health, disability, diagnosis, or 

11 healthcare condition or treatment of an indi12 vidual. 

13 (C) A financial account number, debit card 

14 number, credit card number, or information 

15 that describes or reveals the income level or 

16 bank account balances of an individual. 

17 (D) Biometric information. 

18 (E) Genetic information. 

19 (F) Precise geolocation information. 

20 (G) An individual’s private communica21 tions such as voicemails, emails, texts, direct 

22 messages, mail, voice communications, and 

23 video communications, or information identi24 fying the parties to such communications or 

25 pertaining to the transmission of such commuVerDate Sep 11 2014 00:38 Mar 12, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7520.RH H7520

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1 nications, including telephone numbers called, 

2 telephone numbers from which calls were 

3 placed, the time calls were made, call duration, 

4 and location information of the parties to the 

5 call. 

6 (H) Account or device log-in credentials, or 

7 security or access codes for an account or de8 vice. 

9 (I) Information identifying the sexual be10 havior of an individual. 

11 (J) Calendar information, address book in12 formation, phone or text logs, photos, audio re13 cordings, or videos, maintained for private use 

14 by an individual, regardless of whether such in15 formation is stored on the individual’s device or 

16 is accessible from that device and is backed up 

17 in a separate location. 

18 (K) A photograph, film, video recording, or 

19 other similar medium that shows the naked or 

20 undergarment-clad private area of an indi21 vidual. 

22 (L) Information revealing the video con23 tent requested or selected by an individual. 

24 (M) Information about an individual under 

25 the age of 17. 


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1 (N) An individual’s race, color, ethnicity, 

2 or religion. 

3 (O) Information identifying an individual’s 

4 online activities over time and across websites 

5 or online services. 

6 (P) Information that reveals the status of 

7 an individual as a member of the Armed 

8 Forces. 

9 (Q) Any other data that a data broker 

10 sells, licenses, rents, trades, transfers, releases, 

11 discloses, provides access to, or otherwise makes 

12 available to a foreign adversary country, or en13 tity that is controlled by a foreign adversary, 

14 for the purpose of identifying the types of data 

15 listed in subparagraphs (A) through (P). 

16 (7) SERVICE PROVIDER.—The term ‘‘service 

17 provider’’ means an entity that— 

18 (A) collects, processes, or transfers data on 

19 behalf of, and at the direction of— 

20 (i) an entity that is not a data broker 

21 and is not controlled by a foreign adver22 sary; or 

23 (ii) a Federal, State, Tribal, terri24 torial, or local government entity; and 


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1 (B) receives data from or on behalf of an 

2 entity described in subparagraph (A)(i) or a 

3 Federal, State, Tribal, territorial, or local gov4 ernment entity. 

5 (8) UNITED STATES INDIVIDUAL.—The term 

6 ‘‘United States individual’’ means a natural person 

7 residing in the United States. 

8 (d) EFFECTIVE DATE.—This section shall take effect 

9 on the date that is 60 days after the date of the enactment 

10 of this Act. 


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Union Calendar No. 345 

118TH CONGRESS 

2D SESSION H. R. 7520 

[Report No. 118–418] 

A BILL 

To prohibit data brokers from transferring sensitive 

versaries, and for other purposes. data of United States individuals to foreign adMARCH 11, 2024 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


ssavage on LAPJG3WLY3PROD with BILLS