I 

118TH CONGRESS 

1ST SESSION H. R. 6410 

To prohibit persons from storing the covered data of covered platforms in 

the United States in a foreign adversary or permitting governmental 

officials of foreign adversaries to access the covered data, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 14, 2023 

Mrs. LUNA (for herself, Mrs. MILLER of Illinois, Mr. NORMAN, and Mr. 

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

A BILL 

To prohibit persons from storing the covered data of covered 

platforms in the United States in a foreign adversary 

or permitting governmental officials of foreign adversaries to access the covered data, and for other purposes. 

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 ‘‘U.S. Data on U.S. 

5 Soil Act’’. 


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1 SEC. 2. STORAGE AND ACCESS BY FOREIGN ADVERSARY OF 

2 COVERED DATA. 

3 (a) REGULATIONS.—Not later than 1 year after the 

4 date of the enactment of this Act, the Commission shall 

5 promulgate, under section 553 of title 5, United States 

6 Code, regulations in accordance with this section that pro7 hibit a person, with respect to the covered data of any 

8 covered platform in the United States, from knowingly— 

9 (1) storing the covered data of the covered plat10 form in a physical data center in a foreign adver11 sary; or 

12 (2) permitting a governmental official of a for13 eign adversary to access the covered data. 

14 (b) ENFORCEMENT BY COMMISSION.— 

15 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC16 TICES.—A violation of this section or a regulation 

17 promulgated under this section shall be treated as a 

18 violation of a regulation under section 18(a)(1)(B) 

19 of the Federal Trade Commission Act (15 U.S.C. 

20 57a(a)(1)(B)) regarding unfair or deceptive acts or 

21 practices. 

22 (2) POWERS OF COMMISSION.—The Commis23 sion shall enforce this section and the regulations 

24 promulgated under this section in the same manner, 

25 by the same means, and with the same jurisdiction, 

26 powers, and duties as though all applicable terms 


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1 and provisions of the Federal Trade Commission Act 

2 (15 U.S.C. 41 et seq.) were incorporated into and 

3 made a part of this section. Any person who violates 

4 this section or a regulation promulgated under this 

5 section shall be subject to the penalties and entitled 

6 to the privileges and immunities provided in the 

7 Federal Trade Commission Act. 

8 (c) RELATIONSHIP TO STATE LAWS.— 

9 (1) PREEMPTION.—Nothing in this Act, or a 

10 regulation promulgated under this Act, shall be con11 strued to preempt, displace, or supplant any State 

12 law, except to the extent that a provision of State 

13 law conflicts with a provision of this Act, or a regu14 lation promulgated under this Act, and then only to 

15 the extent of the conflict. 

16 (2) GREATER PROTECTION UNDER STATE

17 LAW.—For purposes of this subsection, a provision 

18 of State law does not conflict with a provision of this 

19 Act, or a regulation promulgated under this Act, if 

20 such provision of State law provides greater privacy 

21 protection or security of covered data than the pri22 vacy protection or security provided by such provi23 sion of this Act or such regulation. 


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1 (d) SAVINGS CLAUSE.—Nothing in this section may 

2 be construed to limit the authority of the Commission 

3 under any other provision of law. 

4 (e) REPORT TO CONGRESS.—Not later than 1 year 

5 after the date of the enactment of this Act, the Commis6 sion, in consultation with the Attorney General, shall sub7 mit to Congress a report on the implementation and en8 forcement of this section. 

9 (f) DEFINITIONS.—In this section: 

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

11 means the Federal Trade Commission. 

12 (2) COVERED DATA.—The term ‘‘covered data’’ 

13 means information that identifies or is linked or rea14 sonably linkable, alone or in combination with other 

15 information, to an individual who is a national of the 

16 United States or a device that identifies or is linked 

17 or reasonably linkable to such an individual, and 

18 may include derived data and unique persistent iden19 tifiers. 

20 (3) COVERED PLATFORM.—The term ‘‘covered 

21 platform’’ means any website, desktop application, 

22 or mobile application that is consumer-facing, sells 

23 digital advertising space, and has more than 

24 100,000,000 monthly active users for a majority of 

25 months during the preceding 12 months. 


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1 (4) FOREIGN ADVERSARY.—The term ‘‘foreign 

2 adversary’’— 

3 (A) has the meaning given that term in 

4 section 8(c)(2) of the Secure and Trusted Com5 munications Networks Act of 2019 (47 U.S.C. 

6 1607(c)(2)); and 

7 (B) includes— 

8 (i) the People’s Republic of China, in9 cluding the Hong Kong Special Adminis10 trative Region (China); 

11 (ii) the Republic of Cuba (Cuba); 

12 (iii) the Islamic Republic of Iran 

13 (Iran); 

14 (iv) the Democratic People’s Republic 

15 of Korea (North Korea); 

16 (v) the Russian Federation (Russia); 

17 and 

18 (vi) Venezuelan politician Nicolas 

19 Maduro (Maduro Regime). 

20 (5) NATIONAL OF THE UNITED STATES.—The 

21 term ‘‘national of the United States’’ has the mean22 ing given that term in section 101(a)(22) of the Im23 migration and Nationality Act (8 U.S.C. 

24 1101(a)(22)). 


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1 (6) STATE.—The term ‘‘State’’ means each 

2 State of the United States, the District of Columbia, 

3 each commonwealth, territory or possession of the 

4 United States, and each federally recognized Indian 

5 Tribe. 

Æ 


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