,,ib ,union ,calendar ,no4 #cde #aahth ,,congress #b;d ,session ,h4 ,r4 #gebj ,report ,no4 #aah-dah ,,in ,,the ,,house ,,of ,,representatives ,march #e1 #bjbd,mr4 ,pallone 7for himself and ,mrs4 ,rodgers of ,washington7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,march #aa1 #bjbd;,additional sponsors3 ,ms4 ,schakowsky1 ,mr4 ,bilirakis1 ,mr4 ,allen1 and ,mrs4 ,trahan ,march #aa1 #bjbd ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to prohibit data brokers from transferring sensitive data of ,united ,states individuals to foreign adversaries1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,americans' ,data from ,foreign ,adversaries ,act of #bjbd4 #b4 ,prohibition on transfer of sensitive data of ,united ,states individuals to foreign adversaries 7a7 ,prohibition ,it shall be unlawful for a data broker to sell1 license1 rent1 trade1 transfer1 release1 disclose1 provide access to1 or otherwise make available sensitive data of a ,united ,states individual to-- 7#a7 any foreign adversary country2 or 7#b7 any entity that is controlled by a foreign adversary4 7b7 ,enforcement by ,federal ,trade ,commission 7#a7 ,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 #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of ,commission 7,a7 ,in general ,the ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section4 7,b7 ,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 ,act4 7#c7 ,authority preserved ,nothing in this section may be construed to limit the authority of the ,commission under any other provision of law4 7c7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,controlled by a foreign adversary ,the term controlled by a foreign adversary means1 with respect to an entity1 that such entity is-- 7,a7 a foreign person that is domiciled in1 is headquartered in1 has its principal place of business in1 or is organized under the laws of a foreign adversary country2 7,b7 an entity with respect to which a foreign person or combination of foreign persons described in subparagraph 7,a7 directly or indirectly own at least a #bj percent stake2 or 7,c7 a person subject to the direction or control of a foreign person or entity described in subparagraph 7,a7 or 7,b74 7#c7 ,data broker 7,a7 ,in general ,the term data broker means an entity that1 for valuable consideration1 sells1 licenses1 rents1 trades1 transfers1 releases1 discloses1 provides access to1 or otherwise makes available data of ,united ,states individuals1 that the entity did not collect directly from such individuals1 to another entity that is not acting as a service provider4 7,b7 ,exclusion ,the term data broker does not include an entity to the extent such entity-- 7i7 is transmitting data1 including communications of a ,united ,states individual at the request or direction of such individual2 7ii7 is reporting1 publishing1 or otherwise making available news or information that is available to the general public1 including information from a telephone book or online directory1 a television1 internet1 or radio program1 the news media1 or an internet site that is available to the general public on an unrestricted basis1 but not including an obscene visual depiction 7as such term is used in section #adfj of title #ah1 ,united ,states ,code72 or 7iii7 is acting as a service provider4 7#d7 ,foreign adversary country ,the term foreign adversary country means a country specified in section #dhgb7;d77#b7 of title #aj1 ,united ,states ,code4 7#e7 ,precise geolocation information ,the term precise geolocation information means information that-- 7,a7 is derived from a device or technology2 and 7,b7 reveals the past or present physical location of an individual or device that identifies or is linked or reasonably linkable to #a or more individuals1 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 #a1hej feet or less4 7#f7 ,sensitive data ,the term sensitive data includes the following3 7,a7 ,a government-issued identifier1 such as a ,social ,security number1 passport number1 or driver's license number4 7,b7 ,any information that describes or reveals the past1 present1 or future physical health1 mental health1 disability1 diagnosis1 or healthcare condition or treatment of an individual4 7,c7 ,a financial account number1 debit card number1 credit card number1 or information that describes or reveals the income level or bank account balances of an individual4 7,d7 ,biometric information4 7,e7 ,genetic information4 7,f7 ,precise geolocation information4 7,g7 ,an individual's private communications such as voicemails1 emails1 texts1 direct messages1 mail1 voice communications1 and video communications1 or information identifying the parties to such communications or pertaining to the transmission of such communications1 including telephone numbers called1 telephone numbers from which calls were placed1 the time calls were made1 call duration1 and location information of the parties to the call4 7,h7 ,account or device log-in credentials1 or security or access codes for an account or device4 7,i7 ,information identifying the sexual behavior of an individual4 7,j7 ,calendar information1 address book information1 phone or text logs1 photos1 audio recordings1 or videos1 maintained for private use by an individual1 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 location4 7,k7 ,a photograph1 film1 video recording1 or other similar medium that shows the naked or undergarment-clad private area of an individual4 7,l7 ,information revealing the video content requested or selected by an individual4 7,m7 ,information about an individual under the age of #ag4 7,n7 ,an individual's race1 color1 ethnicity1 or religion4 7,o7 ,information identifying an individual's online activities over time and across websites or online services4 7,p7 ,information that reveals the status of an individual as a member of the ,armed ,forces4 7,q7 ,any other data that a data broker sells1 licenses1 rents1 trades1 transfers1 releases1 discloses1 provides access to1 or otherwise makes available to a foreign adversary country1 or entity that is controlled by a foreign adversary1 for the purpose of identifying the types of data listed in subparagraphs 7,a7 through 7,p74 7#g7 ,service provider ,the term service provider means an entity that-- 7,a7 collects1 processes1 or transfers data on behalf of1 and at the direction of-- 7i7 an entity that is not a data broker and is not controlled by a foreign adversary2 or 7ii7 a ,federal1 ,state1 ,tribal1 territorial1 or local government entity2 and 7,b7 receives data from or on behalf of an entity described in subparagraph 7,a77i7 or a ,federal1 ,state1 ,tribal1 territorial1 or local government entity4 7#h7 ,united ,states individual ,the term ,united ,states individual means a natural person residing in the ,united ,states4 7d7 ,effective date ,this section shall take effect on the date that is #fj days after the date of the enactment of this ,act4 ,march #aa1 #bjbd ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed