Protecting Americans' Data From Foreign Surveillance Act of 2023
The source supplies the latest action, but no lifecycle stage.
Latest action (14 Jun 2023): Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
What this bill does
The "Protecting Americans' Data From Foreign Surveillance Act of 2023" proposes establishing export controls on certain personal data belonging to U.S. nationals and individuals residing in the United States. The Department of Commerce, in coordination with other agencies, would identify categories of personal data that, if exported in sufficient quantities, could be exploited by foreign governments or adversaries and harm U.S. national security. When setting thresholds, the Department of Commerce must consider the impact on legitimate business and research activities, as well as First Amendment rights.
This bill would affect individuals whose personal data is collected and potentially transferred internationally. It would require the Department of Commerce to establish specific thresholds for data transfers and implement controls, such as requiring licenses for certain exports. However, it includes exceptions, for instance, if the data is encrypted with technology certified by the National Institute of Standards and Technology. The bill also outlines penalties for individuals within organizations who knowingly violate these provisions.
As S. 1974 was recently introduced in the Senate, it is in the early stages of the legislative process. It has been referred to the Committee on Banking, Housing, and Urban Affairs. The bill would need to pass through committee review, be debated and voted on by the full Senate, and then go through a similar process in the House of Representatives before it could be sent to the President to be signed into law.
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
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Common questions
- What does S. 1974 do?
- The "Protecting Americans' Data From Foreign Surveillance Act of 2023" proposes establishing export controls on certain personal data belonging to U.S. nationals and individuals residing in the United States. The Department of Commerce, in coordination with other agencies, would identify categories of personal data that, if exported in sufficient quantities, could be exploited by foreign governments or adversaries and harm U.S. national security. When setting thresholds, the Department of Commerce must consider the impact on legitimate business and research activities, as well as First Amendment rights. This bill would affect individuals whose personal data is collected and potentially transferred internationally. It would require the Department of Commerce to establish specific thresholds for data transfers and implement controls, such as requiring licenses for certain exports. However, it includes exceptions, for instance, if the data is encrypted with technology certified by the National Institute of Standards and Technology. The bill also outlines penalties for individuals within organizations who knowingly violate these provisions. As S. 1974 was recently introduced in the Senate, it is in the early stages of the legislative process. It has been referred to the Committee on Banking, Housing, and Urban Affairs. The bill would need to pass through committee review, be debated and voted on by the full Senate, and then go through a similar process in the House of Representatives before it could be sent to the President to be signed into law.
- Has S. 1974 become law?
- The source does not supply a confirmed lifecycle stage for S. 1974. Check the latest action and official source below.
- Who sponsored S. 1974?
- S. 1974 was sponsored by Sen. Wyden, Ron [D-OR] (D-OR), with 5 cosponsors.
- What's the latest action on S. 1974?
- Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (14 Jun 2023).
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