Protecting Americans’ Data from Foreign Adversaries Act of 2024

To prohibit data brokers from transferring sensitive data of United States individuals to foreign adversaries, and for other purposes. 1. Short title This Act may be cited as the Protecting Americans’ Data from Foreign Adversaries Act of 2024 2. Prohibition on transfer of sensitive data of United States individuals to foreign adversaries (a) Prohibition It shall be unlawful for a data broker to sell, license, rent, trade, transfer, release, disclose, provide access to, or otherwise make available 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. (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 (2) Controlled by a foreign adversary The term controlled by a foreign adversary (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) In general The term data broker (B) Exclusion The term data broker (i) is transmitting data, including communications of a United States individual at the request or direction of such individual; (ii) is reporting, publishing, or otherwise making available news or information that is available to the general public, including information from a telephone book or online directory, a television, internet, or radio program, the news media, or an internet site that is available to the general public on an unrestricted basis, but not including an obscene visual depiction (as such term is used in section 1460 of title 18, United States Code); or (iii) is acting as a service provider. (4) Foreign adversary country The term foreign adversary country (5) Precise geolocation information The term precise geolocation information (A) is derived from a device or technology; and (B) 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. (6) Sensitive data The term sensitive data (A) A government-issued identifier, such as a Social Security number, passport number, or driver’s license number. (B) 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) 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) Biometric information. (E) Genetic information. (F) Precise geolocation information. (G) 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) Account or device log-in credentials, or security or access codes for an account or device. (I) Information identifying the sexual behavior of an individual. (J) 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) A photograph, film, video recording, or other similar medium that shows the naked or undergarment-clad private area of an individual. (L) Information revealing the video content requested or selected by an individual. (M) Information about an individual under the age of 17. (N) An individual’s race, color, ethnicity, or religion. (O) Information identifying an individual’s online activities over time and across websites or online services. (P) Information that reveals the status of an individual as a member of the Armed Forces. (Q) 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). (7) Service provider The term service provider (A) collects, processes, or transfers data on behalf of, and at the direction of— (i) an entity that is not a data broker and is not controlled by a foreign adversary; or (ii) a Federal, State, Tribal, territorial, or local government entity; and (B) receives data from or on behalf of an entity described in subparagraph (A)(i) or a Federal, State, Tribal, territorial, or local government entity. (8) United States individual The term United States individual (d) Effective date This section shall take effect on the date that is 60 days after the date of the enactment of this Act. March 11, 2024 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Summary: Protecting Americans' Data from Foreign Adversaries Act of 2024 This bill makes it unlawful for a data broker to sell, license, rent, trade, transfer, release, disclose, or otherwise make available specified personally identifiable sensitive data of individuals who reside in the United States to North Korea, China, Russia, or Iran or an entity controlled by such a country (e.g., headquartered in or owned by a person in the country). Sensitive data includes government-issued identifiers (e.g., Social Security numbers), financial account numbers, biometric information, genetic information, precise geolocation information, and private communications (e.g., texts or emails). A data broker generally includes an entity that sells or otherwise provides data of individuals that the entity did not collect directly from the individuals. A data broker does not include an entity that transmits an individual's data or communications at the request or direction of the individual or an entity that makes news or information available to the general public. The bill provides for enforcement by the Federal Trade Commission.