Protecting Americans' Data From Foreign Surveillance Act of 2023
The source supplies the latest action, but no lifecycle stage.
Latest action (14 Jun 2023): Referred to the Committee on Foreign Affairs, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
What this bill does
Here is a plain-English summary based on the provided text.
H.R. 4108 would amend the Export Control Reform Act of 2018 to create a new system of export controls over certain personal data of U.S. nationals and people located in the United States. It directs the Secretary of Commerce, working with other federal agencies, to identify categories of "covered personal data" that could be exploited by foreign governments or adversaries, and to set numeric thresholds (generally between 10,000 and 1,000,000 individuals' data per year, with lower thresholds for large data holders transferring to certain restricted parties) above which exporting, reexporting, or transferring such data would require a government license. The bill also requires the Secretary to maintain lists of countries subject to stricter licensing presumptions or exempted from licensing, sets rules for anonymized data, and creates an advisory committee on privacy issues, with public notice-and-comment procedures for new rules.
The bill would primarily affect companies and individuals that collect, hold, or transfer large volumes of personal data internationally, particularly to countries deemed national-security risks; it also indirectly affects U.S. residents whose data is covered. Congress would retain a role through joint resolutions of disapproval over certain country-list decisions.
The bill was introduced June 14, 2023, by Rep. Warren Davidson with Rep. Anna Eshoo, referred to the House Committees on Foreign Affairs and Rules, and did not receive a vote in the 118th Congress.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Protecting Americans' Data From Foreign Surveillance Act of 2023
This bill establishes certain export controls on personal data of U.S. nationals and individuals living in the United States.
Specifically, the bill directs the Department of Commerce (in coordination with specified federal agencies) to identify categories of personal data that could be exploited by foreign governments or foreign adversaries and harm U.S. national security if exported, reexported, or in-country transferred in a quantity that exceeds the threshold established by Commerce.
The bill outlines the requirements for establishing this threshold. Commerce must seek to balance the need to protect personal data from exploitation by foreign governments and foreign adversaries against the likelihood of (1) impacting legitimate business activities, research activities, and other activities that do not harm the national security of the United States; or (2) chilling speech protected by the First Amendment.
The bill also requires Commerce to impose appropriate controls on the export, reexport, or in-country transfer of covered personal data, including through interim controls (e.g., informing a person that a license is required). Commerce may not impose a requirement for a license or other authorization pursuant to specified transactions, such as those in which the personal data is encrypted with technology that is certified by the National Institute of Standards and Technology.
The bill applies certain export control penalties to officers or employees of an organization who knew or should have known that another employee was directed to illegally export covered personal data in violation of this bill.
Timeline
14 Jun 2023
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Common questions
- What does H.R. 4108 do?
- Here is a plain-English summary based on the provided text. H.R. 4108 would amend the Export Control Reform Act of 2018 to create a new system of export controls over certain personal data of U.S. nationals and people located in the United States. It directs the Secretary of Commerce, working with other federal agencies, to identify categories of "covered personal data" that could be exploited by foreign governments or adversaries, and to set numeric thresholds (generally between 10,000 and 1,000,000 individuals' data per year, with lower thresholds for large data holders transferring to certain restricted parties) above which exporting, reexporting, or transferring such data would require a government license. The bill also requires the Secretary to maintain lists of countries subject to stricter licensing presumptions or exempted from licensing, sets rules for anonymized data, and creates an advisory committee on privacy issues, with public notice-and-comment procedures for new rules. The bill would primarily affect companies and individuals that collect, hold, or transfer large volumes of personal data internationally, particularly to countries deemed national-security risks; it also indirectly affects U.S. residents whose data is covered. Congress would retain a role through joint resolutions of disapproval over certain country-list decisions. The bill was introduced June 14, 2023, by Rep. Warren Davidson with Rep. Anna Eshoo, referred to the House Committees on Foreign Affairs and Rules, and did not receive a vote in the 118th Congress.
- Has H.R. 4108 become law?
- The source does not supply a confirmed lifecycle stage for H.R. 4108. Check the latest action and official source below.
- Who sponsored H.R. 4108?
- H.R. 4108 was sponsored by Rep. Davidson, Warren [R-OH-8] (R-OH), with 1 cosponsor.
- What's the latest action on H.R. 4108?
- Referred to the Committee on Foreign Affairs, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (14 Jun 2023).
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