HR 1153 118th Congress House Foreign Trade and International Finance Asia China Computer security and identity theft Congressional oversight Congressional-executive branch relations Europe India Internet, web applications, social media Israel Middle East Presidents and presidential powers, Vice Presidents Sanctions Subversive activities Sweden Switzerland Taiwan

DATA Act

Introduced: February 24, 2023 Introduced by: McCaul, Michael T. Republican · Texas See on congress.gov

Everywhere this bill has been 6 steps

Introduced

In committee

Reported out

Passed House

Passed Senate

To President

Became law

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.

Mar 1, 2023

Committee Consideration and Mark-up Session Held.

Mar 1, 2023

Ordered to be Reported by the Yeas and Nays: 24 - 16.

Feb 24, 2023

Introduced in House

Feb 24, 2023

Referred to the House Committee on Foreign Affairs.

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Plain-English summary Congressional Research Service

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.

What's happening now May 16, 2023

Placed on the Union Calendar, Calendar No. 43.

Bill text 2 versions