Countering Limitless Overtaking of User Data Act
Bill: H.R.7578 | Sponsor: Rep. Gooden, Lance (R-TX)
Policy area: Commerce

Summary:
Countering Limitless Overtaking of User Data Act or the CLOUD Act  This bill requires the Department of Commerce to report on data servicing operations owned by Chinese entities. The report must address, for example, whether these Chinese entities may be subsidized by China.

To require the Secretary of Commerce to submit a report to Congress on 
  data servicing operations owned by Chinese entities, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Countering Limitless Overtaking of 
User Data Act'' or the ``CLOUD Act''.

SEC. 2. DATA SERVICING OPERATIONS OWNED BY CHINESE ENTITIES REPORT.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Commerce, in coordination with 
the Director of National Intelligence, the Federal Trade Commission, 
and the Federal Communications Commission, shall submit to the 
appropriate committees of Congress a report on the following:
            (1) Whether any data servicing operation or service owned 
        by a Chinese entity is operating in the United States, the laws 
        and regulations that might apply to such operation or service, 
        and any data servicing operation that are offered or provided 
        to United States persons by the entity.
            (2) Whether any Chinese entity that provides products or 
        services for a data servicing operation is engaged in a joint 
        venture or servicing arrangement with a United States entity 
        and the nature of such operations.
            (3) Whether consumers of data servicing operations have 
        access to prominently identified information regarding the 
        ownership of such operations.
            (4) Whether United States entities can operate freely in 
        the People's Republic of China and what, if any, restrictions 
        apply to the services and operations of such entities.
            (5) Each country in which a Chinese entity provides 
        equipment or services for the provision of data servicing 
        operations in a third-country market and whether the market 
        share of Chinese entities in those markets may limit, in any 
        way, the ability of United States entities to operate 
        independently of such operations or without the use of such 
        services.
            (6) Any support the Government of the People's Republic of 
        China provides to Chinese entities that provide equipment or 
        services for the provision of data servicing operations that 
        may act as a subsidy for such operations or services.
    (b) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Financial Services Committee, the Foreign 
                Affairs Committee, and the Permanent Select Committee 
                on Intelligence, and the Energy and Commerce Committee 
                of the House of Representatives; and
                    (B) the Finance Committee, Foreign Relations 
                Committee, the Select Committee on Intelligence, and 
                the Committee on Commerce, Science, and Transportation 
                of the Senate.
            (2) Chinese entity.--The term ``Chinese entity'' means an 
        entity organized under the laws of China or any jurisdiction 
        within China, including a foreign branch of such entity.
            (3) Data servicing operation.--The term ``data servicing 
        operation'' means the management, storage, processing, and 
        aggregation of data.
            (4) United states entity.--The term ``United States 
        entity'' means an entity organized under the laws of the United 
        States or any jurisdiction within the United States, including 
        a foreign branch of such entity.
            (5) United states person.--The term ``United States 
        person'' means--
                    (A) a citizen of the United States or an alien 
                lawfully admitted for permanent residence to the United 
                States; or
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such entity.
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