Legis Daily

DATA Act

USA118th CongressHR-1153| House 
| Updated: 5/16/2023
Michael T. McCaul

Michael T. McCaul

Republican Representative

Texas

Cosponsors (1)
Christopher H. Smith (Republican)

Foreign Affairs Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Deterring America’s Technological Adversaries Act or DATA Act This bill requires federal actions to protect the sensitive personal data of U.S. persons, with a particular focus on prohibiting the transfer of such data to foreign persons influenced by China. The International Emergency Economic Powers Act (IEEPA) authorizes the President to regulate various commercial transactions and to block foreign-owned property and assets subject to U.S. jurisdiction. An exemption to IEEPA (i.e., the Berman Amendment) blocks the President from regulating information and informational materials. This bill specifies that sensitive personal data is not information or informational materials exempt from regulation under IEEPA. The bill requires the Department of the Treasury to issue a directive prohibiting U.S. persons from engaging in any transaction with any person who knowingly provides or may transfer sensitive personal data subject to U.S. jurisdiction to any foreign person subject to Chinese influence. The bill also establishes new sanctions on certain transactions related to connected software applications. For example, the President must impose a sanction on any foreign person that knowingly operates, directs, or deals in a connected software application that is subject to the jurisdiction of China and is reasonably believed to have been or may be used to facilitate or contribute to China's military, intelligence, censorship, surveillance, cyber, or information campaigns. The President must determine whether reasonable grounds exist for concluding that specified entities (e.g., TikTok) meet the criteria under the bill for purposes of applying a directive by Treasury or for imposing sanctions.

Bill Text Versions

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2 versions available

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Timeline

Bill from Previous Congress

HR 117-3498
DATA Act
Feb 24, 2023
Introduced in House
Feb 24, 2023
Referred to the House Committee on Foreign Affairs.
Mar 1, 2023
Ordered to be Reported by the Yeas and Nays: 24 - 16.
Mar 1, 2023
Committee Consideration and Mark-up Session Held.
Mar 23, 2023

Latest Companion Bill Action

S 118-970
Introduced in Senate
May 16, 2023
Placed on the Union Calendar, Calendar No. 43.
May 16, 2023
Reported by the Committee on Foreign Affairs. H. Rept. 118-63.
  • Bill from Previous Congress

    HR 117-3498
    DATA Act


  • February 24, 2023
    Introduced in House


  • February 24, 2023
    Referred to the House Committee on Foreign Affairs.


  • March 1, 2023
    Ordered to be Reported by the Yeas and Nays: 24 - 16.


  • March 1, 2023
    Committee Consideration and Mark-up Session Held.


  • March 23, 2023

    Latest Companion Bill Action

    S 118-970
    Introduced in Senate


  • May 16, 2023
    Placed on the Union Calendar, Calendar No. 43.


  • May 16, 2023
    Reported by the Committee on Foreign Affairs. H. Rept. 118-63.

Foreign Trade and International Finance

AsiaChinaComputer security and identity theftCongressional-executive branch relationsCongressional oversightEuropeIndiaInternet, web applications, social mediaIsraelMiddle EastPresidents and presidential powers, Vice PresidentsSanctionsSubversive activitiesSwedenSwitzerlandTaiwan

DATA Act

USA118th CongressHR-1153| House 
| Updated: 5/16/2023
Deterring America’s Technological Adversaries Act or DATA Act This bill requires federal actions to protect the sensitive personal data of U.S. persons, with a particular focus on prohibiting the transfer of such data to foreign persons influenced by China. The International Emergency Economic Powers Act (IEEPA) authorizes the President to regulate various commercial transactions and to block foreign-owned property and assets subject to U.S. jurisdiction. An exemption to IEEPA (i.e., the Berman Amendment) blocks the President from regulating information and informational materials. This bill specifies that sensitive personal data is not information or informational materials exempt from regulation under IEEPA. The bill requires the Department of the Treasury to issue a directive prohibiting U.S. persons from engaging in any transaction with any person who knowingly provides or may transfer sensitive personal data subject to U.S. jurisdiction to any foreign person subject to Chinese influence. The bill also establishes new sanctions on certain transactions related to connected software applications. For example, the President must impose a sanction on any foreign person that knowingly operates, directs, or deals in a connected software application that is subject to the jurisdiction of China and is reasonably believed to have been or may be used to facilitate or contribute to China's military, intelligence, censorship, surveillance, cyber, or information campaigns. The President must determine whether reasonable grounds exist for concluding that specified entities (e.g., TikTok) meet the criteria under the bill for purposes of applying a directive by Treasury or for imposing sanctions.

Bill Text Versions

View Text
2 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 117-3498
DATA Act
Feb 24, 2023
Introduced in House
Feb 24, 2023
Referred to the House Committee on Foreign Affairs.
Mar 1, 2023
Ordered to be Reported by the Yeas and Nays: 24 - 16.
Mar 1, 2023
Committee Consideration and Mark-up Session Held.
Mar 23, 2023

Latest Companion Bill Action

S 118-970
Introduced in Senate
May 16, 2023
Placed on the Union Calendar, Calendar No. 43.
May 16, 2023
Reported by the Committee on Foreign Affairs. H. Rept. 118-63.
  • Bill from Previous Congress

    HR 117-3498
    DATA Act


  • February 24, 2023
    Introduced in House


  • February 24, 2023
    Referred to the House Committee on Foreign Affairs.


  • March 1, 2023
    Ordered to be Reported by the Yeas and Nays: 24 - 16.


  • March 1, 2023
    Committee Consideration and Mark-up Session Held.


  • March 23, 2023

    Latest Companion Bill Action

    S 118-970
    Introduced in Senate


  • May 16, 2023
    Placed on the Union Calendar, Calendar No. 43.


  • May 16, 2023
    Reported by the Committee on Foreign Affairs. H. Rept. 118-63.
Michael T. McCaul

Michael T. McCaul

Republican Representative

Texas

Cosponsors (1)
Christopher H. Smith (Republican)

Foreign Affairs Committee

Foreign Trade and International Finance

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
AsiaChinaComputer security and identity theftCongressional-executive branch relationsCongressional oversightEuropeIndiaInternet, web applications, social mediaIsraelMiddle EastPresidents and presidential powers, Vice PresidentsSanctionsSubversive activitiesSwedenSwitzerlandTaiwan