Us Congress 2023-2024 Regular Session

Us Congress House Bill HB57

Introduced
1/9/23  

Caption

Protecting Personal Data from Foreign Adversaries Act This bill authorizes sanctions and other prohibitions relating to software that engages in user data theft on behalf of certain foreign countries or entities. The President may regulate or prohibit transactions using software that engages in the theft or unauthorized transmission of user data and provides access to such data to (1) a communist country, (2) the Chinese Communist Party (CCP), (3) a foreign adversary, or (4) a state sponsor of terrorism. The President may also impose visa- and property-blocking sanctions on developers and owners of software that makes unauthorized transmissions of user data to servers located in China that are accessible by China's government or the CCP. The Department of State shall report to Congress a determination regarding whether WeChat or TikTok fall within certain regulations and prohibitions, including those provided under this bill. (WeChat and TikTok are software programs developed by China-based companies.)

Impact

If enacted, HB57 would significantly influence existing laws surrounding international economic powers by amending the International Emergency Economic Powers Act. It provides the President with the authority to block transactions and impose sanctions on applications that are deemed to engage in data theft for foreign adversaries. This would effectively aim to safeguard personal data from foreign exploitation and strengthen the United States' regulatory framework for digital privacy in an increasingly interconnected world.

Summary

House Bill 57, known as the 'Protecting Personal Data from Foreign Adversaries Act', aims to regulate and prohibit transactions involving mobile applications or software programs that participate in the unauthorized theft of user data, particularly on behalf of foreign entities identified as threats, such as communist countries or state sponsors of terrorism. The bill empowers the President to impose sanctions against any foreign individuals or entities that engage in such illicit activities, thus enhancing national security measures related to data privacy and user protection.

Contention

There may be points of contention surrounding the bill, particularly regarding the definition of 'foreign adversary' and the application of such sanctions. Critics might raise concerns about the potential overreach of the executive power granted to the President in imposing sanctions without sufficient oversight. Moreover, the deadline for the determination of specific applications, such as WeChat and TikTok, may fuel discussions regarding civil liberties, transparency, and the balance between national security and personal freedoms.

Companion Bills

US HB7476

Related bill Countering Communist China Act Stop CCP Fentanyl Act Countering Atrocities through Currency Accountability Act of 2024 Sanctioning Supporters of Slave Labor Act DATA Act Deterring America’s Technological Adversaries Act DITCH Act Dump Investments in Troublesome Communist Holdings Act ENABLERS Act Establishing New Authorities for Businesses Laundering and Enabling Risks to Security Act STOP CCP Act Sanctioning Tyrannical and Oppressive People within the Chinese Communist Party Act Disclosing Investments in Foreign Adversaries Act of 2024 PARSA Protecting Americans’ Retirement Savings Act Preventing Adversaries from Developing Critical Capabilities Act

Previously Filed As

US HB458

Protecting our Land Act This bill requires the President to direct federal agencies to promulgate rules and regulations to prohibit foreign adversaries or state sponsors of terrorism from purchasing real estate located in the United States.

US HB212

Protecting our Land Act This bill requires the President to direct federal agencies to promulgate rules and regulations to prohibit foreign adversaries or state sponsors of terrorism from purchasing real estate located in the United States.

US SB234

Prohibiting the use of genetic sequencers or operational software used for genetic analysis that is produced in a foreign adversary.

US SB85

No TikTok on United States Devices Act This bill imposes sanctions on the parent company of the TikTok social media service, ByteDance Limited, as long as it is involved with TikTok. Specifically, the President must impose property-blocking sanctions on ByteDance or any successor entity or subsidiary if it is involved in matters relating to (1) TikTok or any successor service; or (2) information, video, or data associated with such a service. The Office of the Director of National Intelligence (ODNI) must report to Congress on any national security threats posed by TikTok, including the ability of China's government to access or use the data of U.S. users of TikTok. Within 180 days of this bill's enactment, ODNI must brief Congress on the implementation of the bill.

US HB293

Banning Oil Exports to Foreign Adversaries Act This bill requires the Department of Energy (DOE) to prohibit the export or sale of petroleum products (e.g., crude oil) from the Strategic Petroleum Reserve to (1) China, North Korea, Russia, and Iran; (2) any other country the government of which is subject to sanctions imposed by the United States; and (3) any entity owned, controlled, or influenced by such countries or the Chinese Communist Party. However, DOE may issue a waiver of the prohibition if the export or sale of petroleum products is in the national security interests of the United States.

US HB23

Illegitimate Court Counteraction ActThis bill imposes sanctions against foreign persons (individuals and entities) who assist the International Criminal Court (ICC) in investigating, arresting, detaining, or prosecuting certain individuals.The bill categorizes as protected persons (1) any U.S. individual, U.S. entity, or person in the United States, unless the United States is a state party to the Rome Statute of the ICC and provides formal consent to ICC jurisdiction; and (2) any foreign person that is a citizen or lawful resident of a U.S. ally that is not a state party to the Rome Statute or has not consented to ICC jurisdiction.If the ICC attempts to investigate, arrest, detain or prosecute a protected person, the President must impose visa- and property-blocking sanctions against the foreign persons that engaged in or materially assisted in such actions, as well as against foreign persons owned by, controlled by, or acting on behalf of such foreign persons. The President must also apply visa-blocking sanctions to the immediate family members of those sanctioned.Upon enactment, the bill rescinds all funds appropriated for the ICC and prohibits the subsequent use of appropriated funds for the ICC.

US HB7476

Countering Communist China Act Stop CCP Fentanyl Act Countering Atrocities through Currency Accountability Act of 2024 Sanctioning Supporters of Slave Labor Act DATA Act Deterring America’s Technological Adversaries Act DITCH Act Dump Investments in Troublesome Communist Holdings Act ENABLERS Act Establishing New Authorities for Businesses Laundering and Enabling Risks to Security Act STOP CCP Act Sanctioning Tyrannical and Oppressive People within the Chinese Communist Party Act Disclosing Investments in Foreign Adversaries Act of 2024 PARSA Protecting Americans’ Retirement Savings Act Preventing Adversaries from Developing Critical Capabilities Act

US SB727

Foreign ownership of land; prohibiting foreign adversary company ownership of land in this state. Effective date.

US HB1165

Port Crane Security and Inspection Act of 2025 This bill limits the operation of foreign cranes at U.S. ports. In general, foreign cranes are those that have information technology and operational technology components that (1) were manufactured by companies that are subject to the ownership, control, or influence of a country designated as a foreign adversary; and (2) connect to ports' cyber infrastructure.Foreign cranes that are contracted for on or after the date of the bill's enactment may not operate at a U.S. port. Also, beginning five years after this bill is enacted, foreign cranes operating at U.S. ports may not use software or other technology manufactured by a company owned by a country designated as a foreign adversary.Additionally, the Cybersecurity and Infrastructure Security Agency (CISA) must (1) inspect foreign cranes for potential security risks or threats before they are placed into operation, (2) assess the threat posed by security risks or threats of existing or newly constructed foreign cranes, and (3) take any crane that poses a security risk or threat offline until the crane can be certified as no longer being a risk or threat.CISA must also report to Congress about security risks or threats posed by foreign cranes at U.S. ports.

US HB229

World Deserves To Know Act This bill requires sanctions on certain members of the Chinese Communist Party (CCP) and officials of Chinese health agencies. It also addresses related issues. The President must impose visa- and property-blocking sanctions on any foreign person who is a CCP official and who is knowingly responsible for or complicit in (1) the disappearances of whistleblowers and citizen journalists in China relating to COVID-19, or (2) limiting free speech and academic freedom in China relating to COVID-19. The President must also impose such sanctions on specified individuals who have leadership positions in China's Center for Disease Control and Prevention and China's National Health Commission (NHC). The authority to impose such sanctions shall end when the President certifies to Congress that an independent and unimpeded investigation into the potential origin of COVID-19 from the Wuhan Institute of Virology has taken place. The bill also bars federal funds and certain federal student assistance from going to institutions of higher education that enter into a contract with any element or China-based affiliate of the NHC. Federal funding to the National Academy of Sciences may not be used to enter into a contract with any element or China-based affiliate of the NHC. The Government Accountability Office must report to Congress a review of all funds that the National Institutes of Health have made available to the NHC since FY2010. This report must also be publicly available.

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