HR 8152 · 117th Congress 2021โ€“2023, ended

American Data Privacy and Protection Act

Latest action · Dec 30, 2022 Placed on the Union Calendar, Calendar No. 488.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJun 21, 2022
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

American Data Privacy and Protection Act

This bill establishes requirements for how companies, including nonprofits and common carriers, handle personal data, which includes information that identifies or is reasonably linkable to an individual.

Specifically, the bill requires most companies to limit the collection, processing, and transfer of personal data to that which is reasonably necessary to provide a requested product or service and to other specified circumstances. It also generally prohibits companies from transferring individuals' personal data without their affirmative express consent.

The bill establishes consumer data protections, including the right to access, correct, and delete personal data. Prior to engaging in targeted advertising, the bill requires companies to provide individuals with a means to opt out of such advertising. The bill also provides additional protections with respect to personal data of individuals under the age of 17. It further prohibits companies from using personal data to discriminate based on specified protected characteristics.

Additionally, companies must implement security practices to protect and secure personal data against unauthorized access, and the Federal Trade Commission (FTC) may issue regulations for complying with this requirement.

The bill provides for enforcement of these requirements by the FTC and state attorneys general. Beginning two years after the bill takes effect, individuals may, subject to certain notification requirements, bring civil actions for violations of the bill.

Finally, the bill preempts state laws that are covered by the provisions of the bill except for certain categories of state laws and specified laws in Illinois and California.

Cosponsors 3

Members who signed on, in the order they did. All signed on Jun 21, 2022.

SeatCosponsorSigned on
R-WACathy McMorris RodgersOriginalJun 21, 2022
R-FLGus M. BilirakisOriginalJun 21, 2022
D-ILJanice D. SchakowskyOriginalJun 21, 2022

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEnergy and Commerce Committee
Referred Jun 21, 2022Markup Jul 20, 2022Reported Dec 30, 2022
Commerce, Manufacturing, and Trade Subcommittee
Referred Jun 22, 2022Markup Jun 23, 2022Reported Jun 23, 2022

Actions 9

Everything that happened, newest first.

  1. Dec 30, 2022Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 117-669.
  2. Dec 30, 2022Placed on the Union Calendar, Calendar No. 488.
  3. Jul 20, 2022Committee Consideration and Mark-up Session Held.
  4. Jul 20, 2022Ordered to be Reported (Amended) by the Yeas and Nays: 53 - 2.
  5. Jun 23, 2022Subcommittee Consideration and Mark-up Session Held.
  6. Jun 23, 2022Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
  7. Jun 22, 2022Referred to the Subcommittee on Consumer Protection and Commerce.
  8. Jun 21, 2022Introduced in House
  9. Jun 21, 2022Referred to the House Committee on Energy and Commerce.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article I Section 8

The sponsor’s statement, as printed in the Congressional Record, vol. 168, no. 105, June 21, 2022, page H5734.

CRS reports 6

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 6

Products on other subjects that cite it, usually among other measures.

Titles 3

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To provide consumers with foundational data privacy rights, create strong oversight mechanisms, and establish meaningful enforcement.
Short Title(s) as Introduced
American Data Privacy and Protection Act
Short Title(s) as Reported to House
American Data Privacy and Protection Act

Subjects

Assigned by the Library of Congress. Policy area: Commerce.

Text 2

Each version as it was printed, newest first.

  1. Dec 30, 2022Reported in House
  2. Jun 21, 2022Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.