Protecting Americans' Data From Foreign Surveillance Act of 2023

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.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 14 June 2023

   Introduced

   Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

   Source: IntroReferral

2. 14 June 2023

   Introduced

   Introduced in Senate

   Source: IntroReferral

Votes

No vote records are attached yet.

Versions

• Introduced in Senate · 14 June 2023 · Official file

Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 14 June 2023

  ViewDownloadOpen at official source

• Introduced in Senate (PDF)

  Introduced in Senate · EN · 14 June 2023

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 14 June 2023

  Open at official source

Sponsors

• Sen. Wyden, Ron [D-OR] · D · Sponsor
• Cynthia Lummis · R · Sponsor
• Sen. Whitehouse, Sheldon [D-RI] · D · Sponsor
• Bill Hagerty · R · Sponsor
• Sen. Heinrich, Martin [D-NM] · D · Sponsor
• Sen. Rubio, Marco [R-FL] · R · Sponsor
• · ssbk00 · Standing

Related records

• related to ← Protecting Americans' Data From Foreign Surveillance Act of 2023