DATA Act
Latest action · May 16, 2023 Placed on the Union Calendar, Calendar No. 43.
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.
- IntroducedFeb 24, 2023
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
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.
Cosponsors 1
Members who signed on, in the order they did. All signed on Mar 14, 2023.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-NJ | Christopher H. Smith | Mar 14, 2023 |
Actions 6
Everything that happened, newest first.
- May 16, 2023Placed on the Union Calendar, Calendar No. 43.
- May 16, 2023Reported by the Committee on Foreign Affairs. H. Rept. 118-63.
- Mar 1, 2023Committee Consideration and Mark-up Session Held.
- Mar 1, 2023Ordered to be Reported by the Yeas and Nays: 24 - 16.
- Feb 24, 2023Introduced in House
Subjects
Assigned by the Library of Congress. Policy area: Foreign Trade and International Finance.
- Asia
- China
- Computer security and identity theft
- Congressional oversight
- Congressional-executive branch relations
- Europe
- Foreign Trade and International Finance
- India
- Internet, web applications, social media
- Israel
- Middle East
- Presidents and presidential powers, Vice Presidents
- Sanctions
- Subversive activities
- Sweden
- Switzerland
- Taiwan
Text 2
Each version as it was printed, newest first.
- May 16, 2023Reported in House
- Feb 24, 2023Introduced in House
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.